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LIBRARY  OF  THE 

UNIVERSITY  OF  ILLINOIS 

AT  URBANA-CHAMPAIGN 


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8 


INCIDENTS 


LIFE  OF  JACOB  BARKER. 


NEW  ORLEANS,  LOUISIANA 


HISTORICAL  FACTS,  HIS  FINANCIAL  TRANSACTIONS  WITH  THE  GOVERNMENT, 
AND  HIS  COURSE  ON  IMPORTANT  POLITICAL  QUESTIONS, 


FROM    1S00    TO    18  55. 


WASHINGTON 

1855. 


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ing  in  the  Hall— Mr.  Madison  re-elected 
President — Declaration  of  War  with  Great 
Britain  —  Convention  at  Albany — Memo- 
rial to  Congress  to  defer  the  War — Colonel 
Taylor's  Speech — Law  passed  to  borrow 
Sixteen  Millions — Lends  Large  Sums  to 
Government — Opposition  of  Federal  Party 
to  the  War — Subscribers  to  the  Loan  for 
Government. 


16 


W  Page. 

Family  of  Jacob  Barker — Relationship  with       5 

Benjamin  Franklin  —  Education  —  First 
Speculations  in  Trade — Early  History  of 
Nantucket — Perils  of  Whale  Fishing — 
First  Purchase  of  Ships — Marries — Com- 
mences  Business  —  Loses  his  Capital — 
Contracts  with  the  United  States  to  sup- 
ply Light-houses  with  Oil. 
becomes  Owner  of  many  Ships — Sends  a 
vessel  to  Nantucket  with  Flour — Captured 
by  a  British  Frigate — Establishes  Steam 
Communication  between  New  Bedford 
and  Nantucket — Relieves  the  Banks  of 
Nantucket    from     Embarrassment  —  Im- 

-fc-^      ports  for  Fulton  first  Steam  Engine  suc- 
cessfully   used    for    propelling    Vessels — 

"**^~     Methods  of  Book  Keeping  and  Calculating 

lv      Interest — Aaron    Burr's    Conspiracy — In- 

^.  terview  with  Thomas  Jefferson. 
W  Non-importation  Resolutions  of  Philadelphia 
Merchants  in  1765  —  Mr.  Barker  meets 
with  great  Marine  Losses — Jefferson's  Em- 
bargo— SpeechofDe  Witt  Clinton — Trans- 
actions with  United  States  Branch  Bank — 
Opposes  renewal  of  United  States  Bank 
Charter  —  Supports  the  Non-intercourse 
Laws — Letter  of  General  Washington. 


CONTENTS. 


V 


19 


_"i.  Tammany  Hall,  New  York,  built— Mr.  Bar-    55 
ker  one  of  Building  Committee — First  Meet- 


Page. 
Mr.  Barker's   exertions   in   raising    money    41 

made  known  to  Congress — Enmity  of  the 
Federal  Party  to  those  assisting  in  carry- 
ing on  the  War — Investigation  relative  to 
Sixteen  Million  Loan — Elisha  R.  Potter — 
Contract  between  the  Treasury  and  Girard 
&  Parish  of  Philadelphia. 

Petition  to  Congress  to  establish  a  National  45 
Bank — Plan  of  raising  money — Contract 
with  the  Treasury — Opposition  to  the  Loan 
— Correspondence  with  the  Treasury  De- 
partment— Negotiation  with  the  City  Bank 
— Issue  of  Funded  Stock — Remonstrance 
to  the  Secretary  of  the  Treasury . 

Opposition  of  the  Treasury  Clerks — Difficul-  75 
ties  of  raising  money — Supplemental  Stock 
— Project  of  establishing  a  National  Bank 
— A  new  Loan  authorized  by  Congress — 
Opinion  of  R.  Rush,  Attorney  General — 
New  Certificates  of  Stock — Opinion  of 
William  Pinckney — Mark  of  continued 
confidence  by  the  Treasury — Attempt  to 
sell  Stock  in  London  during  the  War — 
Assignment  to  Creditors — Paper  Currency 
— Depreciated  Paper  accepted  by  the 
Treasury. 

Petition  to  Congress  for  relief — Referred  to  96 
Committee — Speech  before  Committee — 
Committee  report  bill  for  relief — Court  of 
Claims  established — Invasion  of  Washing- 
ton by  a  British  Army — Battle  of  Bladens- 
burg — General  Armstrong — Excitement  in 
Washington  —  Letter  of  General  Arm- 
strong— Resignation  of  General  Harrison 
— Appointment  of  General  Jackson — Mrs. 
Madison's  departure  from  Washington — 
Mr.  Barker  and  Mr.  De  Peyster — Mis- 
taken   for   English  spies    and    arrested — 


Si 


70 


<W4 


IV 


CONTENTS. 


Page. 
Preservation  of  Stuart's  Washington  at 
request  of  Mrs.  Madison— Disbanding  of 
troops  at  Montgomery  Court  House — No 
provision,  shelter,  or  camp  equipage  there 
for  the  army — Expedition  to  Baltimore  for 
bread— Burning  of  the  Capitol,  President's 
House,  and  other  public  buildings — Evacu- 
ation of  Washington  by  the  British. 

Portrait  of  Washington  restored  to  the  White  113 
House — Letters  from  Mrs.  Madison — Let- 
ters to  Daniel  J.  Carroll — Death  of  General 
Armstrong — Defence  of  the  General — Loss 
of  property — News  of  peace — United  States 
Bank — Establishes  a  Bank — Elected  a 
member  of  the  New  York  Senate — Dis- 
tressing commercial  news  from  Liverpool — 
Run  on  his  Bank — Judgment  on  question 
of  deviation — New  York  politics — Estab- 
lishes a  newspaper. 

Presides  over  meeting  in  New  York  nomina-  125 
ting  General  Jackson  for  President — 
Leaves  New  York  for  New  Orleans — In- 
terview with  General  Jackson  at  Wash- 
ington— Views  of  a  United  States  Bank — 
Correspondence  with  Henry  Clay — Pet 
Banks,  Specie  Circular,  repeal  of  Indepen- 
dent Treasury — Independent  Treasury  re- 
vived. 

Mexican  War — Finances — Reasons  for  estab-  127 
lishing  a  United  States  Bank — Relations 
with  John  Wells,  esq. — Commercial  Em- 
barrassments— Life  of  John  Wells — North 
River  Bank — A  Director  Challenged — 
Prosecution — Election  of  Directors  set 
aside  by  Supreme  Court — Trial  for  send- 
ing Challenge — Verdict — Motion  for  new 
Trial — Mr.  Barker  his  own  Lawyer — His 
Speech — Restored  to  Citizenship — Lieu- 
tenant William  Howard  Allen. 

Failure  of  the  Life  and  Fire  Insurance  Com-  150 
pany  and  other  Incorporations  in  New 
York  in  1826 — Prosecution  of  Directors 
and  of  Mr.  Barker,  the  latter  his  own 
Lawyer — His  Speech,  and  that  of  Mr.  B. 
F.  Butler — Jury  Disagrees — Mr.  Barker 
Fined  $  100  for  Examination  of  Leavitt,  a 


Page. 
Witness — Conduct  of  Maxwell,  the  Dis- 
trict Attorney-*-New  Trial — Speeches  of 
Defence. 

Letter  from  James  Boorman — Resolution  of  178 
various  Corporations  approving  Mr.  Bar- 
ker'sconduct — Application  to  Judge  Wood- 
ward, of  the  Supreme  Court,  for  writ  of 
Certiorari — Opinion  of  the  Judge — Ex- 
posure of  Conspiracy  against  Mr.  Barker — 
Prosecution  for  Libel. 

Speech  of  Thomas  Addis  Emmett,  Counsel  184 
for  Mr.  Barker — Conduct  of  Recorder 
Riker — Memorial  to  Governor,  praying 
for  Investigation — Result — Application  to 
the  Supreme  Court  to  change  Venue  in  the 
Prosecution  for  Conspiracy — Mr.  Barker's 
Speech — Third  Trial  for  Conspiracy — 
Speeches  of  Judge  Spencer  and  T.  A. 
Emmett  for  Defence — Exceptions  taken — 
Application  to  Supreme  Court — Conduct 
of  District  Attorney  Maxwell — Judge  Ed- 
wards— Final  Result. 

Suit  in  Chancery — Unparalleled  Proceeding  203 
of  bringing  forward  as  Witnesses  the  Pub- 
lic Prosecutor  and  Grand  Jurors — Re- 
moval from  Record  and  Suppressing  Im- 
portant Papers  by  Maxwell,  the  District 
Attorney — Spirit  of  the  Press — Letter  from 
a  Friend — Poetical  Satire — Publication  of 
Public  Prosecutor's  Statement — $300  paid 
by  Henry  Eckford  to  Maxwell — Exposure 
of  Maxwell's  Conduct — Letter  of  Henry 
Eckford  to  Maxwell — Restitution  of  the 
$300  by  Maxwell— Article  on  Duelling. 

Letter  to  Maxwell — Trade  with  Prussia —  215 
Czar  Nicholas — Purchase  of  a  Ship  by  the 
Czar  from  Mr.  Barker — Russian  Magna- 
nimity— Louisiana  Litigation — Conduct  of 
a  Judge — Opportune  arrival  of  a  Witness — 
Mr.  Barker  a  Sugar  Planter — An  attempt 
to  substitute  Free  for  Slave  Labor — Views 
regarding  the  Negro  Race — Fortunes  of  a 
Negro  Family — Free  People  of  Color  in 
New  Orleans. 

St.  Charles  Hotel  at  New  Orleans— Its  De-  222 
struction    by   Fire  —  Proceedings   of   the 


CONTENTS. 


Page. 
Stockholders — Hotel  rebuilt — U.  S.  Branch 

Mint  at  New  Orleans — Yellow  Fever — Mr. 
Barker  and  his  Doctor — Meeting  at  New 
Orleans  in  favor  of  Texas  Annexation — 
Mr.  Barker's  Speech — Nomination  of  Gen- 
eral Taylor  for  President — Mr.  Barker's 
exertions  in  support  of  the  General — Reso- 
lutions prepared  by  Mr.  Barker — Commu- 
nication to  New  York  Herald,  which  was 
extensively  published  in  that  and  other  pa- 
pers throughout  the  nation. 

General  Taylor  Elected— Views  of  Office-  233 
holding — General  Taylor  relies  on  the 
"Whig  Party  for  support — Publication  of 
Mr.  Barker's  Views — Generals  Cass  and 
Pierce — Address  to  the  Jeffersonian  Club 
of  New  Orleans — Return  of  Clay  and  Gal- 
latin from  Ghent — Privateering — Adopted 
Citizens — Sketch  of  Political  Parties. 

Mr.    Barker's    first    appearance   before   the  250 
New  York  courts. 

York  versus  Chilton — Question  of  Consul's  251 
authority  to  remove  a  Ship-master — Se- 
questration of  Chronometer  —  Difficulty 
with  the  Mate — Legal  Proceedings  of  the 
Mate — Payment  of  Judgment  and  Costs — 
Decision  of  the  Supreme  Court  of  Louisi- 


Page. 
ana — Verdict — Letters  of  Chilton  to  York — 

Action  for  recovery  of  Chronometer — 
Correspondence  of  Mr.  Barker  with  the 
British  Gonsul — Agreement  of  York  with 
Owner — Sailing  Orders — Plea  of  Mr.  Bar- 
ker in  Recorder's  Court — Proposed  Com- 
promise— Retraction  by  York  of  Offensive 
Expressions — Illegal  Proceedings  of  the 
Clerk  of  the  United  States  Admiralty 
Court — Order  of  Court  for  the  Delivery  of 
the  Barque — Testimony  of  the  Clerk — 
Fraudulent  Order  obtained  by  Chilton's 
Counsel — Rule  for  Contempt  of  Court — 
Remarks  of  Mr.  Barker  in  the  District 
Court — Captain  York's  Complaint  to  the 
British  Government — Reply  of  the  British 
Government — Letter  of  the  British  Consul 
to  the  Earl  of  Aberdeen — Trial  of  the 
Case — Evidence  of  Captain  Berry — Ver- 
dict for  $7,500— Rule  for  a  New  Trial- 
Mr.  Barker's  opposition. 

The  Judge  refuses  a  New  Trial  on  Plaintiff's  279 
agreeing  to  reduce  the  Verdict  to  $3,000 — 
Plaintiff's  counsel  files  a  remittiture. 

Petition  to  Court  of  Claims — European  war —  280 
Policy  of  the  United   States — Finances   of 
Europe. 


IKE  LIBRAE 

OFThfc 

UNIVERSITY  Of  ILLINOIS 


^^^^^^^^^^^ 


INTRODUCTION. 


The  object  of  this  book  is  to  present  the  gene- 
alogy of  Jacob  Barker  to  his  fellow-citizens, 
with  some  incidents  of  his  eventful  life,  which 
has  already  extended  more  than  three-quar- 
ters of  a  century,  with  a  narrative  of  his 
friendly  relations  with  many  distinguished  men, 
and  of  his  combats  with  those  who  en- 
deavored to  impugn  his  every  act.  Mr.  Bar- 
ker is  particularly  anxious  to  have  his  polit- 
ical opinions  perpetuated,  and  that  his  ac- 
tion in  the  support  of  his  country  at  the  time  of 
her  greatest  need  should  be  known  in  detail, 
and  finally,  that  the  facts  which  constitute  the 
merits  of  his  existing  claim  on  the  government 
of  the  United  States  for  money  lent  to  Carry  on 
the  war  with  Great  Britain  of  1812,  should  be 
placed  before  the  public.  He  cannot  but  think 
that  if  a  member  of  the  Federal  party,  when 
they  were  in  power,  had  rendered  similar  ser- 
vices, he  would  have  been  dealt  with  very  differ- 
ently ;  the  whole  land  would  have  resounded 
with  his  praise. 

The  reader  may  find  some  interest  in  the  pe- 
rusal of  the  letter  of  General  "Washington  to 
Mr.  Madison;  the  articles  of  the  Philadelphia 
Association,  formed  ten  years  before  the  revo- 
lution, not  to  import  British  fabrics  ;  the  history 
of  Nantucket;  the  character  of  John  Wells;  in- 
cidents in  the  life  of  General  Armstrong;  the 
opinions  of  many  illustrious  men  as  expressed 
by  themselves ;  the  speeches  of  Mr.  Barker  and 
of  his  counsel  on  the  duelling  and  conspiracy 
trials  ;  the  certiorari  of  Judge  Woodworth ;  a 
review  of  the  causes  which  led  to  the  war  of 
1812;  of  the  restrictive  system;  of  the  battle  of 
Bladensburg;  of  the  capture  of  the  city  of  Wash- 
ington ;  with  Mr.  Barker's  remarks  concerning 
a  national  bank  ;  the  finances  of  the  nation  ;  its 
currency;  the  Democratic  and  Federal  parties; 
a  chronological  sketch  of  the  ancestry  of  Doc- 
tor Franklin.  From  these  points,  taken  to- 
gether, some  interesting  facts  connected  with 
the  history  of  the  country  may  be  gathered. 


The  Author  has  had  free  access  to  the  jour- 
nal, correspondence,  and  other  papers  of  Mr. 
Barker,  and  been  permitted  to  select  therefrom 
for  publication  such  as  he  might  think  would 
be  of  interest  to  the  reader. 

Mr.  Barker's  political  opinions  subjected  him 
and  his  measures  to  the  uncompromising  hos- 
tility of  those  who  entertained  different  views, 
the  effect  of  which  was  to  sharpen  his  appetites, 
lead  him  into  combat,  and  urge  him  forward 
totally  regardless  of  consequences  ;  this,  to- 
gether with  his  pride  of  opinion  and  love  of  vic- 
tory, occasioned  him  many  difficulties  which 
men  less  impulsive  and  less  confiding  in  them- 
selves would  have  avoided  ;  the  freedom  with 
which  he  handled  his  opponents  indicated  his 
confidence  in  the  goodness  of  his  cause,  and 
established  the  independent  character  of  his 
mind. 

From  what  was  said  and  written  by  himself 
and  by  his  friends,  the  reader  will  be  enabled 
to  form  a  better  opinion  than  from  anything  the 
Author  can  add  ;  his  temperance,  industry  and 
enterprise,  may  be  thought  worthy  of  imitation 
by  those  youths  who  have  to  wrestle  with  the 
rough  and  selfish  world  for  fortune  and  fame  ; 
his  example  may  inspire  them  with  confidence 
to  undertake  what  otherwise  would  seem  fraught 
with  too  many  difficulties.  Although  friendless 
and  pennyless,  with  a  very  limited  education, 
he  did  not  hesitate  to  embark  on  a  sea  of  un- 
certainty in  transactions  of  the  first  magnitude, 
and  accomplished  much. 

The  result  of  some  of  Mr.  Barker's  operations 
will  be  here  detailed,  and  nothing  will  astonish 
the  reader  more  than  to  be  told  that  the  man 
capable  of  originating  and  executing  such 
plans,  who,  by  his  own  exertions,  rose  from 
humble  life  to  be  the  pivot  on  which  this  im- 
portant nation  rested  at  one  of  the  most  im- 
portant periods  of  its  history,  had  the  control 
of  countless  millions  a  great  portion  of  his 
life,  owned   fleets  of  ships,  steamboats,   num- 


INTRODUCTION, 


berless  houses  and  stores,  dealt  with  emperors, 
kings  and  republics,  should,  when  those  earthly 
gods  vanished,  devote  himself  with  apparent 
pleasure  and  elasticity  to  an  humble  business 
scarcely  sufficient  to  maintain  his  family. 

All  impartial  readers  will  feel  pain  that  bet- 
ter success  had  not  rewarded  such  enterprise, 
such  plans,  which,  in  many  cases,  came  very 
near  resulting  magnificently,  frequently  over- 
thrown by  unlooked  for  occurrences  which  no 
human  skill  could  have  guarded  against. 

Matters  relating  to  the  demand  of  personal 
satisfaction  from  a  director  in  the  North  River 
Bank,  to  the  conspiracy  trials,  to  the  currency, 
loans  and  a  national  bank,  will  occupy  so  much 
room  that  many  of  the  incidents  of  Mr.  Barker's 
life,  of  minor  importance,  and  particularly  of 
those  occurring  at  New  Orleans,  will  be  re- 
served for  a  second  volume.  At  the  latter 
place  he  was  frequently  publicly  assailed  by 
editors  and  others  who  supposed  they  could  make 
political  or  financial  capital  from  such  generous 
assaults ;  on  one  occasion  a  gentleman  from 
an  interior  parish,  who  had  recently  taken 
up  his  residence  in  the  Crescent  City,  became 
a  candidate  for  political  favor,  and  in  an  ad- 
dress to  an  assembled  multitude  at  St.  Mary's 
market,  made  what  Mr.  Barker  considered  an 
illiberal  reference  to  him.  His  speech  was 
published  in  the  Delta  of  the  12th  of  October, 
1851,  and  called  forth  a  reply  from  Mr.  Barker, 
which  is  given  as  explanatory  of  his  support  of 
General  Taylor  for  the  Presidency,  and  of  his 
disappointment  at  the  political  course  of  that 
military  chieftain  after  he  was  elected  Presi- 
dent. 

The  gentleman  from    the  interior   was   not 
elected,  and  thus  discovered  that   he  was  in 
error  in  relation  to  public  opinion. 
[To  the  Editor  of  the  Delta.] 
TACIT  MORTGAGES  AND  FREE  BANKING. 

"  Having  been  referred  to  by  name  in  a 
speech  made  at  a  public  meeting  by  a  candi- 
date, and  in  the  newspapers,  in  connexion  with 
these  questions,  which  are  expected  to  come 
before  the  next  legislature,  a  remark  from  me 
may  serve  to  correct  error,  and  be  otherwise 
useful. 

"The  money  referred  to  was  lent  on  the  se- 
curity of  plantations,  supposed  to  be  free  from 
incumbrance — so  certified  by  the  most  able 
counsel  in  the  State.  There  having  been  de- 
falcation in  the  payments,  a  foreclosure  was 
sought.  In  one  case  a  preference  was  claimed 
by  the  heirs  of  the  deceased  wife,  under  the  law 


establishing  tacit  mortgages,  alleging  that  the 
wife  of  the  debtor  had  died  twenty  years  before 
the  money  was  borrowed,  and  that  her  share  of 
the  community  interest  had  not  been  settled. 
This  claim,  after  fifteen  years  troublesome  and 
expensive  litigation,  was  defeated  by  my  being 
enabled  to  establish  the  insolvency  of  the  com- 
munity at  the  death  of  the  wife,  and  the  whole 
debt  was  collected,  amounting  to  sixty-eight 
thousand  dollars.  This,  the  orator,  or  his  pub- 
lisher, calls  '  indifferent  success.'  The  difficulty 
of  persons  at  a  distance  establishing  the  insol- 
vency of  parties  residing  here,  after  a  lapse  of 
thirty  or  forty  years,  is  so  great  that  no  prudent 
man  will  lend  his  money  on  mortgages  liable  to 
such  an  impediment. 

"  Again,  had  the  community  been  solvent  at 
the  death  of  the  wife,  the  debt  would  have  been 
lost  to  the  extent  of  her  interest  in  the  com- 
munity. 

"  There  is  another  fatal  objection  to  mort- 
gage security  in  Louisiana,  viz  :  allowing  syn- 
dics and  executors  to  cancel  mortgages  without 
first  paying  the  debt  professed  to  be  secured  by 
such  mortgage;  whenever  it  becomes  necessary 
to  settle  an  estate,  the  residue  interest  of  the 
deceased  or  insolvent  only  should  be  sold  by  the 
syndic  or  executor — in  other  words,  should  be 
sold  subject  to  the  mortgages,  leaving  them  in- 
violate. 

"  Several  of  my  clients  have  suffered  severely 
from  the  practice  sanctioned  by  our  courts  in 
relation  thereto — I  do  not  say  by  the  operation 
of  the  lrw,  for  I  thiuk  the  law  susceptible  of  a 
different  construction. 

"  In  one  case  the  executor  cancelled  the 
mortgage,  sold  the  property,  and  applied  $1,500 
to  the  payment  of  one  counsel,  and  claimed 
$700  for  another,  for  services  in  settling  the 
estate,  and  a  large  amount  for  other  expenses, 
there  being  no  other  available  property,  leaving 
a  very  small  balance  for  the  mortgage  creditor. 
Had  the  avails  been  less  than  these  large  fees 
and  other  expenses,  the  whole  claim  I  repre- 
sented would  have  been  lost. 

'"These  impediments  cost  Louisiana  millions 
every  year,  in  commissions  for  acceptances, 
and  exorbitant  interest,  besides  the  inconveni- 
ence arising  from  not  being  enabled  to  borrow 
on  mortgage  security ;  and  so  long  as  they  are 
permitted  to  last,  it  would  be  idle  to  attempt  to 
borrow  money  in  other  States,  or  in  foreign 
countries,  on  Louisiana  mortgage  security,  al- 
though money  there  is  abundant  on  satisfac- 
tory security,  at  an  interest  of  three  or  four  per 
cent,  per  annum.  Could  money  be  borrowed 
on  such  terms  in  Europe,  and  brought  here, 
there  would  not  be  any  lack  of  capital  where- 
with to  construct  railroads,  and  to  promote  all 
useful  improvements  ;  in  fact,  every  department 
of  trade  would  feel  the  beneficial  effect  of  such 
an  expansion  of  active  specie  means — the  me- 
chanic, the  laborer,  the  merchant,  and  the  ten- 
ant, as  well  as  the  owner  of  real  estate. 

"As  to  free  banking,  it  is  now  as  free  as  air, 


INTRODUCTION. 


with  the  exception  of  the  oppressive  tax  im- 
posed on  those  who  conduct  that  business. 
What  those  who  ask  for  a  law  on  the  subject 
want  is  an  exemption  from  liability  for  their 
banking  operations  beyond  the  amount  they 
think  proper  to  embark,  which  law  our  consti- 
tution prohibits  the  legislature  from  enacting, 
— this  they  call  free  banking.  I  could  not  ob- 
ject to  such  a  law  if  constitutional,  although  con- 
tent to  remain  liable  to  the  extent  of  all  my 
operations,  banking,  equally  with  all  my  other 
transactions  in  life. 

"One  word  more  for  myself.  I  do  not  think  it 
was  wise,  politic,  or  in  good  taste,  to  mix  the 
name  or  business  of  any  individual,  not  a  can- 
didate, with  these  discussions.  They  should  be 
general,  not  personal. 

"  I  have  been  inactive  business  here  for  more 
than  seventeen  years  ;  came  here  with  my  fam- 
ily, my  ships,  my  merchandise,  my  servants, 
my  furniture,  and  other  appendages  of  life,  in- 
tending to  make  it  the  place  of  my  permanent 
residence,  and  expend  my'  earnings  among 
those  from  whom  I  should  derive  them  ;  have 
passed  fifteen  summers  here — the  buildings 
erected  on  Gravier  street,  the  vessels  dispatched, 
and  other  business  transacted  by  me,  evidence 
the  number  of  persons  who  have  found  employ- 
ment from  my  enterprise.  I  am  known  to  the 
whole  community,  every  member  is  at  liberty 
to  deal  with  me  or  not,  as  he  may  think  proper. 
If  an  active  demonstration  before  their  eyes  for 
seventeen  years  is  not  enough,  human  life  will 
be  too  short  for  them  to  acquire  the  necessary 
information. 


"I  am  not  a  candidate  for  professional  em- 
ployment, nor  have  I  been  for  a  long  period; 
the  time  wasted  in  hanging  about  the  courts, 
waiting  for  a  cause  to  come  on,  is  distasteful  to 
me,  and  at  my  time  of  life  I  cannot  afford  such 
an  encroachment  on  my  enjoyments. 

"Why  these  men  continue  to  dwell  upon  the 
support  I  gave  to  the  nomination  of  General 
Taylor,  I  do  not  know;  the  Democratic  party 
should  be  satisfied  therewith  ;  they  know  full 
well  that  I  was  as  much  disappointed  in  the 
course  pursued  by  General  Taylor  in  the  selec- 
tion of  his  cabinet  and  the  other  appointments 
to  office  as  any  man  in  the  nation,  and  sincerely 
wished  it  had  been  otherwise ;  yet  they  were 
minor  considerations  to  the  great  questions 
which  led  to  his  nomination.  The  Whigs  had 
obtained  a  majority  in  Congress — were  opposed 
to  the  further  prosecution  of  the  Mexican  war — 
there  was  no  other  way  to  counteract  their 
measures  than  to  selectyb?"  them  a  President  in 
favor  of  the  vigorous  prosecution  of  that  war  ; 
and  after  the  war  had  been  gloriously  termi- 
nated, mainly  by  the  bravery  and  skill  of  that 
great  military  captain,  no  friend  of  mine  could 
wish  me  to  have  brokeu  faith  pledged  in  favor 
of  that  nomination,  or  to  have  abandoned  the 
hero  of  that  war;  to  honor  him  with  the  Presi- 
dency was  to  give  eclat  to  the  daring  deeds  of 
our  soldiers  and  renown  to  our  army ;  the  work 
has  been  accomplished,  every  American  heart 
is  reveling  in  the  splendor  of  the  position  ac- 
quired, and  every  Democratic  friend  of  General 
Taylor  is  found  in  the  Jeffersonian  ranks." 
JACOB  BARKER. 


LIFE  OF  JACOB  BARKER. 


Doctor  Benjamin  Franklin  and  Jacob  Bar- 
ker both  descended  from  John  Folger  and 
Meribah  Gibbs ;  Peter,  their  only  child,  was 
born  at  Norwich,  in  England,  in  1618,  and  died 
at  Xantucket  in  1690,  and  his  wife  in  1704; 
they  came  to  America  in  1636,  settled  on  Mar- 
tha's Vineyard  in  1659;  he  visited  Nantucket 
in  the  first  boat  that  went  there;  accompanied 
Christman  Coffin  as  interpreter  for  the  Indians, 
by  whom  the  island  was  inhabited;  in  1644=  he 
married  with  Mary  Morell;  they  had  nine  chil- 
dren, two  sons  and  seven  daughters,  of  whom 
Abiah  was  one;  she  was  born  in  Nantucket  in 
1667. 

Abiah  was  the  mother  of  Doctor  Benjamin 
Franklin ;  she  married  with  Josiah  Franklin, 
of  Boston,  where  Doctor  Franklin  was  born  on 
the  6th  of  January,  0.  S.,  1706;  he  died  at 
Philadelphia,  April  17,  0.  S.,  1790. 

John  Folger,  jr.,  was  another  of  the  nine 
children  of  Peter  Folger,  born  in  1659,  and  died 
in  1732;  he  married  with  Mary  Barnard,  daugh- 
ter of  Nathaniel;  she  was  born  February  24, 
1657  ;  died  in  1736.  They  also  had  nine  chil- 
dren, of  whom  Bethiah  was  one;  she  married 
in  1692  with  Samuel  Barker,  the  grandfather 
of  Jacob  Barker;  Samuel  was  the  son  of  Isaac 
Barker,  of  Duxbury,  England.  Samuel  was 
born  September  2,  O.  S.,  1667,  and  died  Feb- 
ruary 1,1739. 

Eleazer  Folger  was  also  another  of  the  afore- 
said nine  children  of  Peter;  he  was  born  in 
164S,  and  died  1716,  leaving  five  children,  of 
whom  Nathan  was  one,  born  1578,  died  July 
2,  1747  ;  he  married  with  Sarah  Church,  daugh- 
ter of  Benjamin ;  they  left  nine  children ;  Abisha 
was  one,  born  in  1700  ;  he  married  with  Sarah, 
daughter  of  Payne  Mahew;  she  died,  leaving 
four  children;  he  married  again  with  Dinah 
Starbuck,  widow  of  Benjamin,  born  May  23, 
1713,  died  in  Hudson,  September  1, 1793,  leav- 
ing seven  children,  of  whom  Sarah,  the  mother 
of  Jacob  Barker,  was  one.  She  was  born  at 
Nantucket,  October  16,  1739;  she  married  with 


Hezekiah  Gardner;  he  died,  leaving  one  child, 
Gideon  Gardner;  she  again  married  with  Rob- 
ert Barker  ;  he  was  born  at  Wood's  Hole,  Mas- 
sachusetts, February  12,  O.  S.,  1723. 

The  resemblance  between  the  portrait  of  Dr. 
Franklin  and  that  of  Jacob  Barker  is  very  great. 

Jacob's  father  married  and  settled  at  Nan- 
tucket in  early  life,  removed  with  his  family 
from  Nantucket  at  the  commencement  of  the 
revolution,  in  1772,  to  Swan  Island,  Kennebec, 
then  the  province  and  now  the  State  of  Maine, 
where  his  father  died  on  the  26th  of  April, 
1780. 

Jacob  was  born  there  on  the  17th  December, 
1779,  (the  hard  winter.) 

Peace  was  concluded  in  1783. 

His  mother  was  an  exemplary  member  and 
elder  of  the  Quaker  church  ;  Jacob's  father  not 
being  a  member,  their  children  were  not  born 
members ;  after  the  death  of  her  husband  she 
associated  them  with  that  excellent  religious 
society,  and  returned  with  her  family  to  her  na- 
tive island  in  April,  1785,  where  she  died  in 
1833,  in  the  94th  year  of  her  age. 

Jacob  resided  there  until  he  reached  the  age 
of  sixteen ;  he  then  entered  the  school  of  William 
Sawyer  Wall,  in  July,  1796,  at  New  Bedford 
which  he  attended  until  May,  1797,  when  learn- 
ing of  the  death  of  his  brother  Isaac,  at  the 
Havana,  of  the  yellow  fever,  he  returned  to 
his  mother,  and  for  a  few  months  attended 
the  store  of  John  Elkins  at  Nantucket;  his 
prospects  there  being  unpromising,  and  he, 
like  most  island  boys,  having  a  disposition 
for  a  sailor's  life,  determined  to  seek  fortune 
and  fame  on  the  ocean  ;  for  this  purpose  he 
shipped  as  a  green  hand  on  board  a  packet 
commanded  by  Wilson  Rawson,  bound  for  New 
York,  with  the  privilege  of  taking  his  discharge 
at  that  place,  his  intention  being  to  get  a 
berth  on  a  ship  bound  for  the  East  Indies. 
At  this  time  he  had  one  hundred  dollars  in 
money,  and  his  absent  adventures  yielded 
another  hundred  dollars ;  those  to  Russia  were 


LIFE   OF   JACOB   BARKER. 


the  most  profitable,  from  thence  he  imported 
feather  beds  and  diapers. 

At  New  York  he  was  met  by  his  brother 
Abraham,  then  a  partner  in  the  respectable  firm 
of  William  Botch,  jr.,  &  Co.,  of  New  Bedford, 
who  induced  him  to  restrain  his  roving  dispo- 
sition and  enter  the  counting  room  of  Isaac 
Hicks,  an  extensive  commission  merchant  at 
New  York. 

Abraham  Barker  died  at  Philadelphia,  of  yel- 
low fever,  in  1819. 

With  Mr.  Hicks  Mr.  Barker  remained  until 
1800,  when  he  formed  a  connexion  with  John 
Bard,  an  insurance  broker,  and  Jonas  Minturn, 
as  commission  merchants.  Their  connexion 
was  but  of  short  duration. 

Mr.  Barker  continued  to  reside  in  New  York 
until  1834,  when  he  removed  to  New  Orleans, 
where  he  continues  to  reside,  blessed  with  the 
preservation  of  his  physical  and  mental  facul- 
ties to  a  greater  degree  than  is  usually  accorded 
to  persons  of  his  age. 

The  family  of  Mr.  Barker  being  of  Nan- 
tucket, he  claims  to  be  of  that  place,  although 
not  born  there. 

On  a  recent  visit  to  that  island,  it  was  his 
intention  to  have  essayed  an  article  in  relation 
to  its  history,  the  pursuits  of  its  inhabitants, 
and  its  society,  and  to  have  portrayed  the  fas- 
cinations of  its  lovely  women  ;  but  that  pleas- 
ant task  has  been  so  ably  and  so  truthfully 
performed  by  the  Rev.  H.  W.  Giles,  that  he 
prefers  to  have  the  doctor's  articles  republished 
from  the  Weekly  Mirror,  a  newspaper  published 
at  Nantucket,  by  Messrs.  Hussey  and  Robinson: 

"By  the  politeness  of  Mr.  E.  G.  Kelley,  we 
have  been  furnished  with  a  copy  of  the  Au- 
gusta Age,  from  which  we  cheerfully  copy  the 
following  poetical  letter,  from  Rev.  Henry  W. 
Giles,  written  in  his  own  peculiarly  rich,  lively 
and  elegant  style.  Those  who  have  ever  been 
favored  by  hearing  him  speak,  will  thank  us  for 
affording  them  an  opportunity  to  read  his  views 
of  our  island.  Mr.  G.  has  an  enviable  reputa- 
tion, both  as  a  speaker  and  writer  : 

NANTUCKET. 

"As  we  have  been  recently  enjoying  a  sojourn 
in  Nantucket,  we  hope  that  a  few  notes  on  that 
famous  island  may  have  interest  for  our  readers. 
The  historical  facts  we  give  on  the  authority  of 
Obed  Macy,  whose  history  of  the  island,  pub- 
lished in  1835,  is  before  us  while  we  write. 

"  Nantucket  was  discovered  in  1602,  by  an 
Englishman,  Captain  Bartholomew  Gosnold. 
In  1641  Thomas  Mahew  and  his  son  obtained  a 


deed  of  the  island  from  James  Forrett,  agent 
of  William,  Earl  of  Sterling.  A  title  was  not 
obtained  from  the  Indians — the  native  owners — 
until  1659.  This,  as  yet,  was  but  by  verbal 
agreement.  Mahew  gave  up  his  title  to  cer- 
tain associates,  for  thirty  pounds  and  two  bea- 
ver hats — one  for  himself  and  one  for  his  wife — 
which  intended  disposition  of  the  hats  is  care- 
fully noted  in  the  deed  of  sale.  The  pound, 
we  think,  must  have  been  nearer  to  the  Scotch 
pound  of  twenty  pence,  than  to  the  English 
pound  of  twenty  shillings.  A  full  title  in  a 
written  document  was  obtained  from  the  Indi- 
ans in  1664. 

"The  island  is  situated  30  miles  south  of  the 
continent,  and  nearly  60  miles  southeast  of 
New  Bedford;  north  latitude  41°  15'  22"; 
west  longitude  70°  Y  5V.  It  is  14  miles  long, 
east  and  west,  3J  broad  on  an  average,  north 
and  south,  and  contains  30,000  acres  in  area. 
It  is  almost  in  the  shape  of  a  crescent,  and  has 
the  town  of  Nantucket  nearly  in  the  middle 
point  of  the  hollow.  The  entrance  to  the  har- 
bor is  obstructed  by  a  bar.  The  soil  is  gen- 
erally sandy,  but  it  is  green  down  to  the  strand, 
and  is  capable  of  excellent  agriculture.  The 
farms  which  are  on  it  yield  good  crops  ;  and 
vegetables,  especially,  are  both  large  sized  and 
abundant.  Wild  grapes  are  there  in  plenty, 
and  the  cultivated  Isabella  grape  grows  there 
well.  Numbers  of  farms  are  enclosed,  and 
have  a  thriving  and  most  comfortable  appear- 
ance. Thousands  of  sheep  formerly  spread 
over  the  island,  but  as  they  destroyed  all  tim- 
ber in  the  bud,  and  were  otherwise  inconvenient, 
they  are  no  longer  permitted  to  run  at  large. 
There  is  now  hopes  that  woods  will  again,  as 
they  did  in  times  past,  give  shade  and  beauty  to 
the  land.  But,  though  the  surface  wants  shade, 
it  does  not  want  beauty.  It  is  partly  level  and 
partly  undulating,  and  rich  with  verdure  and 
wild  flowers.  It  put  us  very  much  in  mind  of 
the  western  prairies,  so  far  as  its  limited  extent 
could  remind  us  of  such  boundless  spaces. 
We  were  not  aware,  before  being  in  Nantucket, 
what  a  splendid  flower  the  thistle  could  be.  It 
is  here  in  extraordinary  variety,  and  with  glo- 
ries of  hue  that  shower  brilliancy  on  the  fields. 
Swamps,  too,  there  are,  that  are  full  of  blos- 
somed shrubs,  sparkling  to  the  sun  and  fragrant 
in  the  air.  Will  the  mention  of  utility  blunt 
the  sense  of  beauty,  when  we  say  that  these 
swamps  serve  for  use  as  well  as  ornament,  and 
yield  peat,  which  does  capitally  for  fuel.  The 
smell  of  it  burning  was  to  us,  we  confess,  like 
the  sound  of  a  song — like  music  sad  and  far 
away — for  it  wrapt  us  in  the  dream  of  our  early 
days,  it  brought  us  back  the  vision  of  our  native 
Erin,  with  her  bogs  and  her  heaths  ;  we  looked 
across  the  ocean  in  that  direction,  where  the 
wave  on  the  other  side  was  kissing  her  shore, 
and  we  said  in  our  heart,  when  we  forget  thee, 
oh,  thou  loved  one,  let  our  right  hand  forget 
her  cunning,  and  when  we  shall  speak  thee  ill, 
let  our  tongue  cleave  to  the  roof  of  our  mouth. 


EARLY    HISTORY   OF    NANTUCKET. 


"  Nantucket,  it  is  thought,  will,  in  course  of 
time,  be  washed  away.  It  is  as  a  napkin,  with 
which  OIJ  Ocean  is  constantly  wiping  his  mouth, 
it  lessens  with  every  clash  of  foam  which  he 
clears  away  from  his  beard,  until,  at  last,  there 
will  not  be  two  threads  of  it  together. 

"Thomas  Macy  was  the  first  settler.  He 
was  from  Wiltshire,  in  England,  whence  he 
came  in  1G10,  and  acquired  a  good  estate  of 
1,100  acres  in  Salisbury,  Massachusetts.  But 
on  a  certain  desolate  rainy  morning,  when  he 
was  not  in  his  house,  aud  when  his  wife  was 
sick  abed,  four  way-worn  Quakers  took  refuge 
under  his  roof,  from  the  inclemency  of  the 
storm.  It  was  penal  at  the  time  to  harbor 
Quakers.  Macy  was  persecuted,  and  was 
obliged  to  flee  his  home.  He  took  to  the  sea  in 
an  open  boat ;  in  this  lonely  island  he  found 
security,  and  among  the  Indians  he  met  with 
humanity.  What  an  historic  picture  we  have 
here,  in  this  Christian  victim  taking  to  the  waves 
from  stern  Puritans — trusting  to  the  mercy  of 
the  elements  and  to  the  generosity  of  the  roan  of 
nature,  to  save  him  from  the  cruelty  of  the  man 
of  grace.  His  petition  to  the  court  to  spare 
him,  with  its  bald  simplicity  and  its  bad  Eng- 
lish, is  a  most  pathetic  thing  to  read.  A  num- 
ber of  persons  joined  him  afterwards  from  the 
town  of  Salisbury.  The  island  was  divided 
into  twenty-seven  shares,  and  this  is  the  division 
which  still  continues  in  the  proprietary  of  the 
soil.  The  number  of  inhabitants  soon  became 
large  enough  to  form  quite  a  community ;  as 
they  were  industrious,  they  formed  a  prosperous 
community  ;  as  they  were  honest  and  virtuous, 
they  formed  a  peaceful  community.  The  mem- 
bers of  the  little  commonwealth  consisted  of 
farmers,  fishers  and  mechanics.  '  The  first 
mill  of  which  we  have  any  record,'  the  histo- 
rian gravely  tells  us,  'was  one  built  in  166G, 
for  grinding  corn.'  But,  with  honest  particu- 
larity, the  worthy  annalist  informs  us  that  the 
town  had  voted  '  during  the  previous  year,  to 
have  a  mill  to  grind  grain,  which  was  to  go  by 
horse  power.'  Why  this  vote  was  not  carried 
he  does  not  know,  and  so  it  remains  with  many 
other  events  among  the  secrets  of  history.  A  mill, 
however,  was  erected,  which  was  to  go  by  water, 
and  such  amill,we  take  itfor  granted,  could  grind 
both  grain  and  corn.  It  was  given  to  the  charge 
of  Peter  Folger,  and  Peter  Folger,  it  appears, 
was  a  person  of  many  talents.  He  was  '  to 
officiate  as  miller,  weaver  and  interpreter.' 
y  His  son  Eleazer  was  to  act  as  shoemaker.' 
Besides  being  miller,  weaver  and  interpreter, 
Peter  Folger  '  acted  also  as  surveyor  of  land.' 

"  The  whale  fishery,  which  has  been  since  the 
leading  business  of  Nantucket,  began  very 
early.  The  first  whales  were  captured  near  the 
shores.  They  came  and  were  killed.  Even 
still  they  have  a  sly  liking  to  old  Nantucket,  aiid 
occasionally  a  stray  whale  comes  near  to  it  to 
give  a  puff  and  to  take  a  peep — it  may  be,  some 
venerable  fish  of  other  days.  But  those  who 
make  merchandise  of  oil  care  no  more  for  a 


whale  of  sentiment  than  for  the  most  unpoetic 
whale  that  swims,  and  so  the  romantic  rover 
gets  harpooned  in  spite  of  his  tender  imagina- 
tion, lie  is  most  prosaically  cut  up,  vulgarly 
boiled,  transmuted  into  fluid,  and  the  only  re- 
mark which  his  unfortunate  memory  occasions 
is  as  to  how  many  barrels  of  oil  he  produced. 
This  might  be  thought  in  the  way  of  nature, 
but  sometimes  he  is  subjected  to  base  indigni- 
ties. While  we  were  lately  in  Nantucket,  a 
whale  paid  a  visit  to  the  place.  He  came,  we 
supposed,  to  flounder  for  a  while  in  the  waters 
of  his  ancestors,  but  he  paid  dearly  for  his  do- 
mestic affections  in  the  loss  of  his  life.  He  was 
tugged  into  the  harbor;  then,  instead  of  being 
honorably  cut  up  and  boiled,  he  was  first  exhib- 
ited at  so  many  cents  a  head.  A  friend  re- 
marked to  us  that  'it  was  too  bad,  it  was  really 
not  right  to  have  the  great  animal  of  the  ocean 
thus  Barnumized.  He  will  make  sixty  barrels, 
and  could  not  that  suffice?'  We  were  not  so 
shocked,  we  told  our  friend,  because  we  once 
heard  of  a  man  who  exhibited  his  grandmother, 
or  all  that  remained  of  her.  Her  body  was 
found  petrified  in  a  cemetery.  It  was  a  curi- 
osity, popular  as  well  as  scientific.  Her  grand- 
son thought  he  might  as  well  turn  a  penny  on 
her,  and  charged  twenty-five  cents  to  each  per- 
son who  wished  to  take  a  sight.  It  is  not  easy 
always  to  say  what  is  property,  and  still  less 
easy  to  say  what  are  the  rights  of  property,  and 
we  leave  it  to  those  learned  in  the  law  to  deter- 
mine whether  a  man  has  most  real  ownership 
in  the  corpse  of  a  dead  grandmother  or  in  the 
carcase  of  a  captured  whale,  and  whether,  when 
exhibiting  them  for  a  fee,  one  has  not  as  much 
right  as  the  other  to  do  what  he  likes  with  his 
own,  be  it  a  slaughtered  whale  or  a  petrified 
grandmother. 

"The  whale  fishery,  once  established,  had  re- 
munerative success.  When  whales  became 
scarce  in  the  neighboring  ocean,  the  adventur- 
ers extended  their  researches.  The  Indians 
lived  amicably  with  the  whites,  and  joined  with 
them  in  this  bold  as  well  as  gainful  sport.  Ves- 
sel was  added  to  vessel,  until  fleets  peopled  the 
southern  ocean,  and  the  trade  employed  in  its 
service  a  great  navy  of  its  own.  '  It  is  remark- 
able,' observes  Mr.  Macy,  'that  notwithstanding 
the  people  had  to  leai-n  the  business  of  whaling, 
and  to  carry  it  on  under  many  hazardous  cir- 
cumstances, yet  not  a  single  white  person  was 
killed  or  drowned  in  the  pursuit  in  the  course 
of  seventy  years  preceding  17G0.'  The  busi- 
ness advanced,  and  it  was  found  of  such  value 
in  all  its  departments,  from  the  catching  of  the 
whale  to  the  wick  of  the  candle  or  the  lamp 
which  burned  him,  that  besides  New  Bedford 
and  Cape  Cod,  many  other  portions  of  New 
England  became  interested  in  it,  and  invested 
no  little  in  it  of  their  industry  and  their  capital. 
It  appears  that  this  great  business,  of  which 
Nantucket  was  the  parent,  has  of  late  years 
made  New  Bedford  its  centre,  and  that  though 
oil  is  still  manufactured  in  Nantucket,  the  largest 


8 


LIFE   OF   JACOB   BARKER. 


portion  of  the  shipping  is  owned  in  New  Bed- 
ford. 

"  Nantucket  suffered  much  privation  during 
the  revolutionary  war.  The  prevailing  religion 
of  that  place  since  1704  had  been  that  of  the 
Society  of  Friends.  The  inhabitants  on  this 
account  were  in  conscience  pledged  against 
war,  and  so  they  became  exposed  to  the  enemy 
without  having  the  sympathy  of  their  country- 
men. Their  industry  was  paralyzed,  their  pro- 
perty was  seized,  their  persons  were  imprisoned. 
They  remonstrated  with  English  officials,  they 
even  petitioned  English  commanders;  and  if 
they  met  with  individual  leniency  or  occasional 
generosity,  the  usual  treatment  which  they  re- 
ceived was  that  of  harshness.  The  inhabitants 
suffered  severely  also  in  the  war  of  1812.  Be- 
sides the  loss  to  their  commerce,  they  were  at 
one  time  so  shut  up,  so  surrounded  by  cruis- 
ers of  England,  so  unprotected  by  their  ownna- 
tion,  that  they  were  in  danger  of  being  reduced 
to  a  state  of  famine.  The  British  Admiral, 
Cochrane,  in  granting  them  permission  to  ob- 
tain supplies  of  food  and  fuel,  wrenched  con- 
cessions from  their  necessities  which  brought 
them  to  the  verge  of  treason,  namely,  that  they 
should  refuse  to  pay  the  direct  taxes  of  the  gen- 
eral government.  After  the  peace,  Nantucket 
made  good  its  losses,  but  in  the  decline  of  its 
general  staple,  and  by  emigration  to  California, 
it  is  again  upon  the  wane.  It  suffered  a  few 
years  ago  from  a  destructive  fire ;  it  is  always 
liable  to  vicissitudes  at  sea,  not  by  shipwrecks 
alone,  but  also  by  unprofitable  voyages;  much 
of  loss  in  both  ways  it  frequently  endures. 
Still  it  keeps  its  ground.  It  maintains  a  popu- 
lation of  8,000.  Some  of  its  people  are  rich; 
most  of  them  are  in  comfort;  none  of  them  are 
allowed  to  want.  It  has  excellent  institutions, 
intellectual,  religious  and  benevolent.  It  has 
its  share  of  poverty,  but  is  without  crime.  Its 
poor-house  is  well  cared  for,  and  there  is  no 
prisoner  in  its  jail.  The  office  of  jailor  has  the 
dignity  of  being  a  sinecure.  It  has  its  poetry, 
too,  and  very  exciting  poetry  it  is — not  poetry 
in  verse,  but  in  narratives  of  shipwreck  and 
terror,  fearful  traditions  of  storms  and  human 
struggle,  accounts  of  lonely  seas  and  of  sailors' 
dreams  therein,  with  many  an  actual  marvel, 
with  strange  curiosities  of  imagination  and  of 
fact.  We  can  think  of  no  place  where,  more 
than  in  Nantucket,  there  is  the  wild  story  and 
the  charmed  tale  to  make  the  lights  burn  blue, 
and  the  listeners  group  around  the  fire,  while 
the  winter  wind  blows  through  the  starless 
night,  and  the  surge  of  the  groaning  Atlantic 
ioins  in  its  chorus.  And  lastly,  Nantucket  has 
a  watering  place,  a  retreat  by  the  sea  from  its 
broad,  heated  spaces,  where  the  weary  that 
travel  over  them  can  find  rest,  coolness — a  re- 
treat where  those  who  are  suffocated  in  the 
crowds,  bewildered  wiih  the  noise  and  satiated 
with  the  luxury  of  its  metropolis,  can  put  off 
all  the  cares  of  fashion,  and  enjoy  the  simplicity 
of  nature.     But  seriously,  Siasconset  is  a  charm- 


ing little  nook,  with  its  birds'-nest  cottages 
hugged  in  the  embrace  of  the  wave  in  which  to 
cool  the  brow,  trauquilize  the  heart,  and  forget 
the  vexations  of  the  world.  If  one  cannot  have 
the  poetry  of  a  cottage,  Mrs.  P.,  in  an  excellent 
hotel,  will  give  him  the  comfort  of  a  home,  and 
he  who  has  been  nearly  blackened  to  a  cinder 
in  the  baking  of  a  city,  will  in  a  few  evenings 
here  find  himself  cooled  and  moistened  to  the 
life  and  temperature  of  a  man. 

"  We  have  some  personal  impressions  of 
Nantueket  to  record,  but  as  our  space  is  now 
exhausted,  we  defer  them  to  another  time." 


NANTUCKET. 


BY  REV.  HENRY  W.  GILES. 


"Before  giving  our  personal  impressions  of 
Nantucket,  we  have  some  remarks  to  make 
upon  its  staple  business.  This,  as  every  one 
knows,  is  connected  with  the  whale.  We  might 
here,  if  we  wished  merely  to  fill  space,  go  into 
a  disquisition  on  the  great  animal  of  the  ocean, 
describe  their  forms,  trace  them  to  their  haunts, 
and  dwell  minutely  on  their  habits ;  but  our 
readers  will  find  such  information,  if  any  of 
them  should  need  it,  in  a  child's  book  of  natural 
history.  We  have  now  to  do  with  a  whale  sim- 
ply as  a  source  of  business,  and  that  in  the 
briefest  manner.  A  species  called  the  '  Right 
Whale,'  used  to  be  found  in  the  Gulf  of  St. 
Lawrence,  about  the  year  1761.  A  whale  of 
this  species  frequently  yielded  from  100  to  230 
barrels  of  oil,  with  from  2,500  to  3,200  pounds 
of  bone,  which  sold  for  more  than  a  dollar  a 
pound.  But  the  sperm  whale  is  of  the  most 
worth,  and  until  of  late  it  was  the  only  one 
which  the  adventurers  cared  to  capture.  A 
sperm  whale  60  feet  long,  24  feet  around  the 
largest  part  of  the  body,  will  produce,  accord- 
ing to  Nantucket  estimate,  60  barrels  of  oil,  and 
Nantucket  ought  to  know. 

"To  show  at  what  cost  this  trade  is  carried 
on,  we  will  state,  in  the  most  condensed  man- 
ner, a  few  items  of  its  expense.  There  is, 
first,  the  expense  of  capital.  '  A  fair  average 
price  of  a  ship,'  says  Mr.  Macy,  '  ready  for  the 
reception  of  her  appropriate  stores  for  a  three 
years'  voyage,  is  about  $22,000,  and  the  outfit 
about  $18,000  more.  Some  have  sailed  at  a 
much  higher  price,  near  $60,000.'  This  the 
owners  furnish.  The  captain  and  crew  are 
paid  by  shares  of  the  whole,  according  to  a  cer- 
tain scale.  The  scale  varies,  we  suppose,  with 
circumstances,  but  it  is  so  adjusted  that  the  risk 
may  be  as  fair  as  can  be,  between  capital  on 
one  side,  and  life  and  labor  on  the  other.  Life 
and  labor  constitute  the  second  item  of  expense. 
They  make  no  light  one.  Life  is  endangered 
in  whaling  as  it  is  iu  all  navigation,  but  besides 
the  ordinary  chances  of  the  sea,  it  has  fatalities 
which  are  peculiar  to  itself.  r."  whale  occa- 
sionally shows  fight,  turns  on  ita  -x       aers,  and 


PERILS   OF   WHALE-FISHING. 


9 


whirls  tbem  to  destruction ;  or,  sometimes, 
with  too  short  a  line,  dives  and  drags  them  into 
the  fathomless  abyss.  Instances  occur  when  a 
ship  is  lost  by  striking  against  a  whale.  In 
1807.  the  ship  Union,  Captain  Edmund  Gard- 
ner, sailing  at  the  rate  of  seven  knots  an  hour, 
struck  on  a  whale.  The  captain  and  crew  had 
merely  time  to  provision  and  launch  their  boats, 
and  in  less  than  an  hour  the  ship  went  down. 
After  rowing  and  sailing  for  seven  days  andeight 
nights — the  latter  part  of  the  time  without  food 
or  water,  having  in  a  tempest  been  obliged  to 
lighten  the  boats— they  gained  an  island  of  the 
Azores,  and  obtained  assistance.  But  a  whale 
will  also  attack  a  ship.  A  case  of  this  kind 
happened  to  Captain  Pollard,  of  the  ship  Essex, 
of  Nantucket,  in  1820.  While  he  and  most  of 
his  men  were  in  pursuit  of  a  school  of  whales, 
a  single  whale  with  two  blows  destroyed  his 
vessel.  When  he  and  his  party  returned,  they 
and  those  who  had  been  with  the  ship,  found 
themselves  on  the  desolate  ocean,  robbed  of 
their  only  refuge.  They  furnished  their  boats 
as  best  they  could  from  the  wreck,  and  set  out 
to  reach  the  nearest  land,  which  was  separated 
from  them  by  1,000  miles.  After  enduring  in- 
credible hardships  for  twenty-eight  days,  they 
arrived  at  Ducie's  Island.  They  procured  water 
there,  but  could  get  no  food.  They  ones  more 
embarked,  steering  for  Easter  Island,  but 
missed  it.  Now  they  aimed  for  Juan  Fernan- 
dez, which  was  about  2,500  miles  E.  S.  E.  from 
them.  They  left  Ducie's  Island  on  the  27th  of 
December,  and  there  were  then  three  boats, 
each  respectively  commanded  by  the  captain, 
the  mate,  and  the  second  mate.  On  the  10th 
of  January  the  second  mate  died,  and  on  the 
12th  the  mate's  boat  parted  from  the  others. 
On  the  17th  of  February  the  mate  and  such  of 
his  companions  as  were  alive  were  picked  up 
hy  Captain  Grozier,  of  the  brig  Indian,  from 
London.  The  captain  and  a  single  survivor 
were  rescued  on  the  23d  of  February,  by  Cap- 
tain Zimri  Coffin,  in  the  ship  Dauphin,  of  Nan- 
tucket. The  second  mate's  boat  was  never 
heard  of.  Captain  Pollard  had  the  misfortune 
to  be  afterwards  totally  wrecked  on  a  coral 
reef,  which  is  another  source  of  risk  in  this 
navigation,  all  the  more  fearful  that  it  is  at 
once  terrible  and  unseen.  Here  are  cases  that 
surpass  for  suffering  and  struggle  the  noted 
stories  of  Bligh  and  Byron,  yet  they  are  but 
instances  out  of  numbers  equally  awful  which 
are  on  record.  'The  whole  number  of  vessels 
lost,  exclusive  of  captures,'  Mr.  Macy  says, 
writing  in  1835,  'since  the  settlement  of  the 
island,  is  168;  the  loss  of  lives  414.'  The 
other  part  of  this  second  item,  labor,  is  very  great. 
We  know  that  a  sailor's  work,  under  any  cir- 
cumstances, is  severe  as  well  as  dangerous. 
The  toil  is  such  as  most  men  would  shrink 
from,  and  it  is  constant.  It  has  few  mitiga- 
tions while  it  lasts.  The  sailor's  food  is  coarse, 
his  sleep  scar '  "hd  uncertain  ;  and  while  en- 
gaged in  I .    ^'oper  employment,  he  is  under 


despotic  command — often  under  fierce  and  ca- 
pricious tyranny.  But  the  ordinary  merchant 
sailor  has  constant  changes  in  his  life  and  lim- 
ited intervals  iu  his  engagements.  He  knows 
exactly  the  point  to  which  he  goes,  and  he  goes 
to  it  in  the  shortest  way.  He  sees  many  coun- 
tries and  cities,  many  varieties  of  civilization 
and  people ;  his  service  is  brief,  and  his  remu- 
neration is  fixed.  The  whaleman  has  all  that 
is  worst  in  this  lot ;  but  his  servitude  is  not  for 
weeks  or  months — it  is  for  years.  His  toil  i3 
hazardous;  he  pursues  it  on  the  wild  and  lonely 
seas,  and  if  he  gets  a  respite  upon  land  it  is 
commonly  among  savages,  or  only  in  the  des- 
ert. His  pay,  too,  is  uncertain  ;  it  depends  on 
his  success,  and  the  man  who  works  the  hardest 
has  the  lowest  share.  We  have  not,  however, 
stated  yet  the  item  which  should  count  for 
most — that  is,  not  the  loss  of  comfort,  not  the 
loss  of  ease,  not  the  loss  of  luxury,  but  the  loss 
of  home.  In  this  the  common  man  and  the 
captain  are  alike.  Both  are  wanderers  and 
pilgrims  upon  the  deep.  The  sky  bounded 
waste  of  waves  is  their  great  domain,  and  the 
ship  their  only  domicile.  Their  households 
they  see  but  with  glimpses  at  distant  intervals, 
and  wife  and  child  they  clasp  only  to  feel  that 
life  is  only  separation.  The  voyages  have  been 
growing  longer  as  whales  have  become  scarcer. 
The  ordinary  voyages  used  to  be  three  years — 
it  is  now,  on  the  whole,  five  years  ;  so  that  in  a 
quarter  of  a  century  a  man  may  interrupt  by 
six  or  seven  hasty  visits  his  strangeness  towards 
his  family.  Yet  it  is  for  them  he  thus  make3 
himself  a  stranger;  for  them  he  becomes  the 
long  exile  of  the  homeless  seas.  There  was 
more  pathos  than  we  have  read  in  poems  in  a 
few  unaffected  words  which  we  heard  a  young 
man  say  to  another  on  board  the  steamboat,  on 
our  way  to  Nantucket.  '  I  have  been  at  sea,' 
said  he,  '  since  I  was  sixteen,  and  I  have  not 
since,  all  put  together,  been  three  months  on 
land.'     His   age  was  probably  six  and  twenty. 

"We  have  been  led  into  these  general  obser- 
vations farther  than  we  intended ;  so  far,  in- 
deed, as  to  leave  us  but  small  room  for  matters 
personal.     It  is  as  well. 

"  Nantucket  has  a  pleasing  appearance  from 
the  entrance  of  the  harbor.  We  expected 
merely  to  see  a  few  straggling  houses  along  the 
shore,  but  were  pleasantly  surprised  to  behold 
a  town  rising  above  the  water  with  a  sort  of 
steepled  stateliness.  As  we  entered  the  princi- 
pal business  street  we  were  struck  with  the 
names  over  the  stores.  We  read  at  every  point, 
Macy,  Coffix,  Swaix.  Barxard,  Starbuck, 
&c.  When  we  came  to  know  more  of  the  place, 
we  found  that  these  too  were  names  among  the 
first  settlers ;  thus  we  learned  how  constant 
their  descendants  have  been  to  the  soil  of  their 
fathers.  Here  is  one  spot,  at  least,  from  which 
Americans  have  not  been  given  to  change. 
Another  circumstance  attracted  our  notice, 
which  spoke  favorably  for  the  people — that  was, 
everywhere  I  saw  abundance  of  flowers.     The 


10 


LIFE   OF   JACOB   BARKER. 


greatest  quantity  and  the  finest  of  roses  we 
have  ever  seen,  out  of  the  south,  we  saw  in 
Nantucket.  One  house  with  which  we  were 
for  the  time  associated  was  literally  clad  and 
covered  with  them.  Wherever  there  is  a  love 
of  flowers  there  must  linger  yet  something  of 
the  soul  of  childhood;  there  must  he  there  a 
gentle  and  a  humanizing  influence.  We  are 
inclined  to  ascribe  this  taste  for  flowers  in  Nan- 
tucket to  the  predominance  of  womanhood  in 
it.  Women  form  the  majority  of  its  permanent 
residents,  and  left  free  to  indulge  their  own 
likings,  we  do  not  wonder  at  the  show  of  flow- 
ers. As  we  can  mark  the  dwelling  in  which 
the  higher  womanly  tastes  prevail,  where  re- 
fined womanly  cultivation  rules,  so  we  may 
likewise  mark  a  locality.  By-the-by,  this  pre- 
dominance of  women  in  Nantucket  is  every- 
where visibly  observable — in  the  streets,  at  par- 
ties, at  concerts,  at  lectures,  and  at  church. 
They  seemed  to  us  cheerful,  healthy — hand- 
some we  need  not  add,  for  that  will  be  taken 
for  granted.  Upon  the  whole,  we  did  not  ob- 
serve that  their  loneliness  wore  much  on  them. 
They  did  not  appear  despondent  or  woe-begone, 
and  bore,  we  fancied,  their  state  of  separation 
with  praiseworthy  patience.  We  have  read  in 
tales  of  chivalry  of  crusading  barons  who  re- 
turned home  expecting  to  find  their  ladies  clad 
in  the  sorrow  of  absent  wives,  and  found  them 
dazzling  in  the  ornaments  of  expectant  brides. 
It  would  not  be  so  with  our  knightly  whalemen, 
but  in  general,  we  think,  they  would  find  their 
wives  in  good  health  and  spirits,  bright,  bloom- 
ing, and  glad  to  meet  them.  None  but  puling 
sentimentalists  would  wish  it  otherwise.  And, 
possibly,  women  are  not  so  dependent  for  hap- 
piness on  the  lords  of  creation  as  these  same 
lords  would  fain  believe.  As  far  as  we  could 
judge,  Nantucket  stands  high  for  female  edu- 
cation and  intelligence.  It  has  most  excellent 
schools  for  both  sexes,  as  well  public  as  pri- 
vate. Besides  opportunities  of  instruction, 
there  is  that  in  the  circumstances  of  the  place 
which  tends  to  give  the  female  mind  a  wider 
scope  than  it  has  elsewhere.  Women  in  other 
places  have  those  who  are  bound  to  them  in 
deepest  and  dearest  interest  in  their  home  and 
neighborhood.  Here  the  opposite  is  the  case  ; 
those  in  whom  they  are  most  concerned  are  re- 
mote from  them,  and  in  many  places,  so  that 
hardly  a  woman  but  has  correspondence  far 
and  wide  with  lover,  brother,  husband,  child. 
Thus  circumscription  of  space  leads  to  enlarge- 
ment of  ideas.  Boys  next  to  women  abound, 
or  seem  to  abound,  in  Nantucket.  This  seem- 
ing, we  suppose,  arises  from  the  absence  of  men. 
Visitors,  we  were  told,  had  complained  as  to 
the  conduct  of  these  boys.  It  would  not  be 
strange  if,  without  the  presence  and  control  of 
fathers,  they  were  a  little  wild ;  but  for  our  part 
we  never  met  in  any  place  more  courteous 
youth,  more  gentlemanly  in  manners  and  be- 
havior ;  and  this  we  ascribed  partly  to  the  in- 
fluence of  mothers  and  partly  to  the  excellence 


of  the  schools.  Nantucket  is  wisely  generous 
in  the  support  of  schools,  and  in  addition  to 
those  which  are  supplied  by  the  public  fund, 
another  is  maintained  by  a  donation  from  Ad- 
miral Coffin.  A  beautiful  building  is  just  ready 
for  this  school,  and  shortly  it  will  be  in  opera- 
tion under  the  very  best  of  teaching.  We  had 
only  opportunity  to  visit  two  of  the  schools.  It 
was  our  loss.  One  was  the  high  school,  under 
the  admirable  talent  of  Mr.  Morse,  and  the 
other  a  grammar  school,  conducted  with  felicit- 
ous ability  by  Mr.  Bunker.  In  the  high  school 
a  class  was  examined  in  astronomy ;  in  the 
grammar  school  a  class  recited  in  anatomy,  and 
our  surprise  was  equal  to  our  delight  in  seeing 
how  these  young  minds  traced,  with  a  sure  in- 
telligence, with  a  clear  knowledge  of  the  sub- 
jects in  each  science,  complicated  diagrams  of 
the  heavens  and  the  human  body.  Nor  is  it 
in  schools  alone  that  Nantucket  is  liberal  for 
intellectual  provision.  It  has  two  newspapers. 
A  good  news  room  is  there,  with  all  the  leading 
journals  of  the  country.  Religion  has  compe- 
tent support,  and  its  services  are  numerously 
attended.  The  AthenEeum  Library  consists  of 
some  thousands  of  volumes,  which  are  lodged 
in  a  handsome  building.  This  building  has  a 
good  public  hall,  which  is  every  winter  supplied 
with  a  series  of  lectures,  and  filled  with  an  in- 
telligent audience.  We  know  not  if  Nantucket 
has  done  aught  for  literature,  but  she  has  done 
her  share  for  science.  She  claims  William 
Mitchell,  eminent  in  astronomy,  and  his  daugh- 
ter Maria,  who  has  not  only  contributed  to  the 
scientific  fame  of  the  nation,  but  takes  her 
place  among  the  thinking  women  of  the  world. 
"We  return  once  more  to  that  pleasant  little 
r.ook,  Siasconset.  We  wished  we  could  have 
staid  some  time  in  it,  but  we  could  not.  We 
regretted  this,  but  there  was  no  help  for  it.  The 
people  there,  in  their  village  as  well  as  in  their 
metropolis,  were  agreeable,  kind  and  hospita- 
ble, but  we  had  no  time  for  play  or  pleasure. 
One  part  of  a  day  we  gave  up  the  life  within  us 
to  the  glory  that  was  around  us.  The  walk  i3 
fine  on  the  green  sod  above  the  ocean.  We 
paced  along  it  with  the  large  joy  which  feeling 
of  heaven  and  of  the  sea  gives  to  the  heart. 
The  waves  beat  below  us,  and  sang  their  great 
song  along  the  shore  and  up  into  the  mighty 
temple  of  the  gorgeous  day.  We  walked  on  to_ 
Sancota  Head,  ascended  the  lighthouse  under 
the  guidance  of  a  bronzed  and  veteran  sailor, 
Captain  Bunker,  was  interested  in  the  exquisite 
machinery,  was  interested  in  the  brave  and 
truthful  man  who  is  genius  of  the  lamp  to  pro- 
tect his  brethren  among  the  billows,  but  turned 
away  at  last  from  all,  and  looked  with  rapture 
round  upon  the  majesty  of  nature.  A  theorist 
may  tell  us  this  is  want  of  mind.  We  care  not 
what  the  theorist  tells  us;  if  it  is  so  we  are  wil- 
ling to  want  mind,  for  the  rawest  things  in  the 
simple  works  of  God  give  us  more  spiritual, 
more  thoughtful  excitement  than  the  ripest 
things  in  the  works  of  man.     We  got  back  to 


DISPOSITION   FOR   COMMERCIAL   PURSUITS. 


11 


the  village  and  found  new  gladness  in  the  walk. 
Long  may  you  live,  Nantucket,  and  may  your 
borders  never  be  less.  If  Old  Ocean  does  wipe 
you  away,  we  hope  it  will  not  be  in  our  time. 
We  trust  you  will  be  spared  many  a  century  to 
your  sailor  sons  and  to  their  children,  and  tbat 
exultant  and  revengeful  whales  will  never  have 
the  malicious  pleasure  of  spouting  in  your  va- 
cant place.  If  our  wish  could  have  effect,  you 
would  last  as  long  as  the  waves  around  you, 
and  as  the  sky  above  you." 

Mr.  Barker's  disposition  for  commercial  pur- 
suits manifested  itself  at  a  very  early  period  ; 
he  had  supposed  his  first  essay  was  three  to- 
bacco boxes.     In  this  he  was  probably  mistaken. 

When  last  on  the  island,  Captain  Stephen 
West,  his  senior  by  four  years,  in  his  youth 
also  in  the  service  of  James  Barker,  employed 
on  his  packet  trading  to  Boston,  informed  him 
that  he  had  sent  a  small  sum  of  money  by  him 
at  an  earlier  period,  as  an  adventure  to  Boston, 
to  purchase  something  for  the  Nantucket  mar- 
ket. 

On  the  return  of  the  packet  he  met  him  at 
the  wharf,  and  being  told  that  he  had  invested 
his  money,  and  would  hand  him  the  merchan- 
dise as  soon  as  the  sails  were  furled,  whereupon 
he  accompanied  him  out  on  the  bowsprit 
shrouds  and  aided  him  in  handing  the  jib. 

The  history  of  the  tobacco  boxes  was  this : 
Mr.  Barker  was,  as  a  relaxation  from  the  fa- 
tigues of  attending  store  and  other  matters  for 
his  brother  James,  permitted  to  go  as  cabin 
boy  in  his  packet  to  New  York  and  Boston  two 
or  three  times  a  year. 

On  one  occasion  the  passengers  presented 
him  with  31]  cents.  This  he  invested  at  Bos- 
ton in  three  iron  tobacco  boxes,  and  took  them 
to  Nantucket,  where  he  sold  two  of  them  for  a 
penny  apiece  profit ;  the  other  got  a  little  rusty, 
and  was  sold  at  first  cost. 

When  at  Nantucket,  forty  years  thereafter, 
he  met  a  poor  old  man  hobbling  along  with  the 
aid  of  a  staff,  who  abruptly  observed,  "  Jacob, 
will  you  take  a  piece  of  tobacco  ?*'  at  the  same 
time  presenting  the  box.  Jacob  replied,  "no, 
I  thank  you,  I  do  not  use  tobacco  in  that  way," 
when  the  old  man  said,  "  do  you  know  that 
box?''  This  brought  its  sale  to  the  recollection 
of  Jacob,  who  seizing  his  hand,  said,  "  is  this 
you,  Mr.  Ellis  ?  how  do  you  do  ?  I  am  glad  to 
see  you  looking  so  well  after  so  long  a  period." 

Mr.  Barker  continued  to  indulge  his  disposi- 
tion for  traffic  until  he  left  the  island. 


On  one  occasion  he  accompanied  his  brother 
James  in  a  vessel  loaded  with  fish,  oil,  and 
sperm  candles,  intending  to  pass  the  winter  at 
Troy,  New  York.  The  passage  beinglong,  the 
navigation  of  the  Hudson  became  impeded  by 
ice,  the  vessel  could  not  proceed  above  Pough- 
keepsie,  where  she  wintered. 

The  crew,  with  the  exception  of  Mr.  Barker, 
were  discharged,  and  Captain  Barker  went  to 
Saratoga  to  pass  the  winter  with  his  family, 
who  were  on  a  visit  to  the  father  of  his  wife, 
William  Coffin,  residing  at  Easton. 

Jacob,  although  very  young,  was  entrusted 
with  the  disposal  of  the  cargo,  which  he  barter- 
ed with  the  country  people  for  pork,  lard, 
wheat,  corn,  rye,  and  flax,  generally  brought  to 
that  market  during  the  winter  in  sleighs.  He 
wound  up  the  whole  concern  to  the  satisfaction 
of  his  brother  James. 

Jacob  had  one  barrel  of  fish  on  his  own  ac- 
count, which  he  sold,  and  trafficked  a  little  in 
other  things,  returning  to  Nantucket  with  a 
capital  of  eight  dollars. 

Subsequently  he  addressed  a  letter  to  his 
brother  Gideon  Gardner,  residing  at  Hudson. 
This  letter,  through  the  instrumentality  of  the 
executor,  found  its  way  into  the  newspapers, 
after  the  death  of  Mr.  Gardner.  It  stated  that 
the  writer  wished  to  go  to  sea,  learn  a  trade,  or 
go  to  school.  The  orthography  of  the  letter 
justified  the. latter  wish. 

His  brother  Abraham  arranged  for  him  to 
enter  the  family  of  Professor  Wall,  at  New  Bed- 
ford, and  attend  his  school. 

He  left  the  island  in  the  mail  packet  Maria- 
commanded  by  Silas  Parker,  and  had  for  his 
fellow  passengers  the  family  of  Samuel  Rod- 
man, who  left  the  island  to  take  up  their  abode 
at  New  Bedford.  The  weather  was  very  fine, 
with  a  gentle  southwest  wind  ;  after  passing  the 
lone  rock  of  Wood's  Hole,  where  the  tide  runs 
with  remarkable  swiftness,  and  the  navigation 
very  dangerous,  Captain  Parker  observed  to 
Mr.  Rodman  that  there  was  another  lone  rock 
in  the  bay  which  he  could  point  out.  Mr.  Rod- 
man replied,  "do  so,  I  should  like  to  see  it;  I 
did  not  know  of  its  existence."  The  helm  was 
put  down,  the  vessel  luffed  up  two  or  three 
points,  and  in  fifteen  or  twenty  minutes  she 
struck  the  rock  with  such  violence  that  it  was 
very  difficult  for  those  on  deck  to  maintain 
their  erect  position,  when  Captain  Parker  very 


12 


LIFE   OF   JACOB   BARKER. 


coolly  observed,  "there  it  is,  Samuel."  "Yes," 
says  Samuel,  "  I  perceive."  The  vessel  slid  off, 
and  reached  the  port  of  her  destination  in  safety. 

Mr.  Rodman's  residence  at  New  Bedford  ma- 
terially contributed  to  the  great  prosperity 
which  has  crowned  the  labors  of  its  enterpri 
sing  inhabitants. 

The  professor  passed  most  of  his  evenings  in 
the  room  of  Mr.  Barker.  On  one  occasion  he 
inquired  of  Mr.  Barker  how  he  liked  the  young 
ladies  of  the  place.  "Very  well,"  was  the  re- 
ply, "  but  not  so  well  as  those  of  Nantucket." 
"Wait  a  little,"  rejoined  the  professor,  "you 
have  not  yet  seen  the  rose  of  my  garden,  Miss 
Elizabeth  Hazard ;  she  has  been  absent  from 
school  many  months,  on  a  visit  to  her  relations 
in  Naragansett."  This  young  lady  returned, 
when  the  high  commendation  of  the  professor 
was  apparent. 

Young  Barker  lost  no  opportunity  of  ingra- 
tiating himself  with  her.  After  his  return  to 
Nantucket  the  said  mail  packet  Maria  became 
an  object  of  deep  interest  to  him.  He  watched 
her  arrival  with  deep  solicitude,  and  the  sig- 
nals, blue,  red,  and  white,  streaming  horizon- 
tally from  her  mast-head,  enabled  those  watch- 
ful eyes  to  distinguish  her  approach  at  a  great 
distance. 

This  three  colored  piece  of  bunting  made  so 
deep  an  impression  on  Mr.  Barker  that  he 
adopted  it  for  the  signal  to  be  worn  by  his  ships 
in  after  life. 

When  he  left  New  York  other  merchants 
applied  for  it.  Mr.  Barker  replied,  "it  has 
proudly  waved  over  my  ships  in  every  clime  ;  I 
cannot  consent  for  it  to  designate  those  owned 
by  others." 

Samuel  Hicks,  a  senior  clerk  with  his  brother, 
reached  his  majority  before  Mr.  Barker,  and 
embarked  in  the  commission  business  with 
Henry  Post,  under  the  firm  of  Hicks  and  Post. 

Through  them  young  Barker  sent  to  foreign 
places  many  adventures,  became  interested  in 
three  ships  and  one  brig,  kept  an  account  with 
the  United  States  branch  bank,  obtained  an 
accommodation  from  it,  which  was  renewed 
from  time  to  time,  until  he  was  of  age,  after 
which  Isaac  Hicks  joked  the  directors  about 
discounting  the  notes  of  boys.  When  the  note 
came  round  it  was  thrown  out,  with  the  remark 
that  the  bank  could  not  discount  the  notes  of 
minors.     It  was  informed  that  Mr.  Barker  was 


no  longer  a  minor,  when  the  note  was  again 
discounted. 

At  New  York,  while  waiting  for  his  brother 
Abraham  to  procure  for  him  a  situation  in  a 
commercial  establishment,  he  visited  the  mu- 
seum kept  by  Gardner  Baker,  at  the  foot  of 
Broad  street,  where  he  was  much  pleased  with 
a  beautiful  boy  with  blue  eyes,  rosy  cheeks  and 
fine  long  flaxen  hair  hanging  in  ringlets,  snow- 
white  skin,  the  son  of  the  proprietor,  by  the 
name  of  James  Baker,  who  made  music  on  the 
bells  for  the  amusement  of  visitors;  there  was 
a  beautiful  wax  figure  of  him  exhibited  in  a 
glass  case. 

Mr.  Barker  also  attended  street  auctions  and 
other  places  of  novelty  to  him.  At  one  of  those 
auctions,  regardless  of  the  admonition  often 
heard  from  his  seniors  to  avoid  dealing  in  old 
watches  and  old  horses,  he  was  tempted  to  bid 
$20  for  a  gold  watch,  it  was  immediately  struck 
off  to  him,  when  he  supposed  he  had  been 
taken  in ;  it  proved  otherwise ;  this  watch  he 
parted  with  to  profit  shortly  after  entering  the 
counting  house  of  Mr.  Hicks,  a  result  not  to 
have  been  anticipated. 

The  circumstances  of  the  sale  were  these: 
Mr.  Barker  was  sent  to  Messrs.  James  and 
Samuel  Watson,  an  extensive  commission 
house  of  Front  street,  by  Mr.  Hicks,  for  a  note 
for  sperm  candles  sold  them.  Those  extensive 
merchants  proposed  to  this  small  boy  a  sale  of 
ship  bread,  saying  his  fellow  clerk,  Mr.  Samuel 
Hicks,  often  purchased  the  article  of  them  in 
exchange  for  liver  oil,  for  which  article  they 
frequently  had  orders  from  Virginia,  with  which 
bread  he  supplied  the  ships  consigned  to  Mr. 
Hicks  to  profit.  Mr.  Barker  replied  that  he 
had  not  any  money  wherewith  to  pay  for  bread; 
they  proposed  to  give  him  credit,  a  confidence 
doubtless  arising  from  his  being  in  the  employ 
of  Mr.  Hicks.  He  thanked  them,  saying  he  dare 
not  incur  a  debt,  a  squeamishness  which  did 
not  last  long,  adding  that  he  had  not  any  liver 
oil,  nothing  but  a  gold  watch  which  he  should 
like  to  barter  for  bread.  They  asked  to  see  the 
watch,  which  being  exhibited,  and  the  price 
named,  payable  in  ship  bread,  they  proposed  to 
have  it  left  and  they  would  decide  in  the  morn- 
ing, if  he  would  call  when  he  went  to  the  post 
office  for  letters,  to  which  he  assented,  saying 
"you  wish  to  have  it  examined  by  a  watch 
maker.  "  I  have  had  that  service  performed  and 
know  the  watch  to  be  good." 


EARLY   SPECULATIONS   IN   TRADE. 


13 


He  called  in  the  morning,  when  the  Messrs. 
Watson  agreed  to  keep  the  watch  on  the  terms 
proposed. 

Here  we  have  a  barter  trade  between  mer- 
chants of  high  standing  in  commercial  circles 
and  a  green  boy  from  Nantucket. 

The  next  object  of  Mr.  Barker  was  to  find  a 
market  for  his  bread.  He  was  sent  by  Mr. 
Hicks  to  collect  a  note  for  codfish  sold  Thomas 
Knox,  esq.,  a  very  amiable,  intelligent,  aud  lib- 
eral merchant  of  Wall  street. 

Inquiry  was  made  of  Mr.  Knox  if  he  did  not 
wish  to  purchase  some  ship  bread  for  stores  for  the 
vessel  on  board  which  the  fish  had  been  sent ; 
the  reply  was  that  the  stores  were  all  on  board, 
but  that  he  had  an  order  for  three  hundred  bar- 
rels of  bread  for  a  ship  which  was  undergoing 
repairs  at  the  ship-yards,  which  would  be  wanted 
in  about  three  weeks,  and  inquired  of  the  lad 
at  what  price  he  would  furnish  that  quantity. 
He  had  but  ten  barrels;  his  reply  was,  that  he 
would  go  for  and  bring  immediately  a  sample, 
with  the  information  required,  for  which  he  re- 
paired to  the  store  of  Messrs.  Watsons.  They 
expressed  a  great  disposition  to  sell ;  said  it 
was  a  consignment  from  Virginia,  had  been 
long  on  hand,  therefore  they  would  sell  cheap. 
A  conditional  bargain  was  made,  they  to  take 
Mr.  Knox'  note  at  four  months,  without  Bark- 
er's endorsement,  if  he  could  not  get  it  at  a 
shorter  period. 

A  sample  of  the  bread  was  taken  to  Mr. 
Knox,  the  price  named  on  a  credit  of  sixty 
days;  an  answer  was  promised  the  next  morn- 
ing, for  which  Barker  was  punctual  to  call, 
when  he  was  informed  that  John  Hyslop,  an 
extensive  baker,  asked  the  same  price  for  the 
same  quality  of  bread,  on  a  credit  of  ninety  days, 
Mr.  Knox  remarking  "  you  are  a  pleasant  little 
fellow,  and  if  you  will  allow  the  same  credit,  I 
will  take  the  bread  of  you."  This  being  agreed 
to,  Barker  observed  that  he  should  like  to  have 
a  memorandum  to  that  effect.  Knox  smiled, 
gave  the  memorandum  of  the  agreement,  taking 
an  order  on  the  Messrs.  Watson  for  the  bread; 
when  delivered,  a  note  was  drawn  for  the 
amount  due  them,  and  as  a  matter  of  accom- 
modation Mr.  Knox  paid  the  money  for  the  bal- 
ance. 

Mr.  Barker  thus  turned  his  watch  into  more 
money  than  he  gave  for  it,  and  made  $125  pro- 
fit on  the  bread,  more  than  doubling  the  capi- 


tal he  brought  with  him  from  Nantucket  in  a 
very  few  months  after  taking  up  his  residence 
in  New  York. 

When  the  sickly  season  came  on  he  had 
leave  of  absence,  visited  Ballston,  purchased  a 
horse,  on  which  he  travelled  to  New  Bedford, 
swapped  the  horse  for  crude  sperm  oil  with 
John  Alden,  a  merchant  of  Fair  Haven  engaged 
in  the  whale  fishery,  had  the  oil  manufactured 
and  sent  to  New  York,  where  it  yielded  double 
the  cost  of  the  horse,  which  terminated  Bar- 
ker's traffic  in  old  horses  and  old  watches. 

Mr.  Barker  and  the  other  clerks  of  Mr.  Hicks 
followed  up  their  speculations  to  such  an  ex- 
tent that  Mr.  Hicks  found  it  expedient  to  re- 
strict them,  allotting  to  his  brother,  Samuel 
Hicks,  the  traffic  in  liver  oil,  and  to  young  Bar- 
ker the  traffic  in  lime. 

Subsequently,  as  he  was  ascending  the  stairs 
in  full  view  of  a  lot  of  soap  which  had  been 
very  long  on  hand,  he  remarked,  "  Jacob,  why 
does  thee  not  sell  that  soap?"  The  reply  was, 
"for  the  want  of  an  applicant.  I  will  purchase 
it  at  eight  cents  if  thee  will  give  me  four  months' 
credit  and  allow  me  to  send  it  as  an  adventure 
to  the  Havana."  Mr.  Hicks  replied  in  his  rapid 
manner,  "  take  it,  take  it,  I  am  tired  of  the  sight 
of  it." 

It  was  shipped  by  a  fast  schooner,  com- 
manded by  Daniel  Waterman,  (a  native  of 
Nantucket)  about  sailing  for  the  Havana  at  the 
time  when  the  British  were  capturing  and  send- 
ing into  New  Providence  all  vessels  in  that 
trade,  depriving  the  inhabitants  of  their  accus- 
tomed supplies.  Captain  Waterman  returned 
safely  in  six  weeks,  bringing  back  fifty  cents 
per  pound  in  specie  for  the  soap,  which  was 
brought  to  the  office,  and  Jacob  was  engaged 
in  counting  it,  when  Mr.  Hicks  came  in  from 
breakfast  remarked,  "  what's  all  this?"  The  re- 
ply was,  "money  for  the  soap,  and  I  am  now 
ready  to  pay  for  it,  although  not  due  for  more 
than  two  months.1'  Mr.  Hicks  appeared  pleased 
with  the  young  man's  success,  and  passed  on. 

During  Mr.  Barker's  minority  the  whaling 
business  of  Nantucket  became  very  much  de- 
pressed, insomuch  that  many  of  the  merchants 
wished  to  sell  their  vessels.  This  being  made 
known  by  him  to  Robert  Mott, — a  gentle- 
man of  great  merit,  he  proposed  to  his  friends 
Robinson  and  Hartshorn  to  join  him  in  the 
purchase  of  a  ship  at  Nantucket,  and  to  employ 


14 


LIFE   OP  JACOB   BARKER. 


young  Barker  for  the  purpose.  They  offered 
to  be  concerned  in  such  a  speculation,  but  re- 
fused to  entrust  a  boy  with  the  mission,  saying 
that  their  Mr.  Robinson  would  go.  Mr.  Mott 
declined  unless  young  Barker  was  employed  ; 
they  finally  compromised  by  agreeing  that  both 
should  go.  Application  was  made  to  Mr. 
Hicks  for  permission,  to  which  he  consented  on 
condition  that  he  be  paid  a  full  commission  of 
two  and  a  half  per  cent  if  a  purchase  was 
made. 

They  both  went,  Barker  not  appearing  to 
have  anything  to  do  with  the  purchase.  Robin- 
son offered  $9,000  for' the  ship  Portland; 
$10,000  was  required.  After  several  days  un- 
successful negotiation  he  determined  to  offer 
$9,500;  had  a  meeting  with  the  owners,  of 
whom  an  inquiry  was  made  if  they  were  dis- 
posed to  divide  the  difference.  They  replied, 
"  not  a  dollar  less  than  $10,000  would  be  ac- 
cepted." They  separated,  Robinson  deliber- 
ating how  far  it  would  be  best  to  yield  to  the 
requirements  of  $10,000,  when  young  Barker 
prevailed  on  him  to  repair  to  New  Bedford 
for  a  few  days,  leaving  him  to  make  the  pur- 
chase. He  did  so,  and  Barker  succeeded — pur- 
chased the  ship  for  $9,000  in  season  to  notify 
Robinson  by  the  first  mail  when  he  returned  to 
Nantucket  to  attend  to  her  dispatch.  On  arri- 
val at  New  York  she  was  sold  to  George  M. 
Woolsey  for  $13,500,  and  young  Barker  em- 
ployed to  return  immediately  to  Nantucket  by 
James  Lyon,  of  New  York,  and  John  James, 
of  Philadelphia,  to  purchase  a  ship  for  them, 
Jacob  Valentine,  Samuel  Hicks  and  Samuel 
Robinson,  to  purchase  another  for  them.  He 
did  so;  the  ship  Rose  for  the  former  gentlemen, 
and  the  ship  Beaver  for  the  latter,  for  which 
service  Mr.  Hicks  also  received  a  full  commis- 
sion of  two  and  a  half  per  cent  on  the  amount 
of  purchase. 

In  relation  to  the  Rose,  when  that  vessel  was 
ready  for  sea  the  vendors  refused  to  let  her  go 
without  an  endorser  on  the  bills  of  exchange  to 
be  given  in  payment,  amounting  to  $10,000, 
although  it  had  not  been  before  mentioned  ; 
this  was  very  inconvenient.  Barker  not  hav- 
ing the  means  on  the  island  to  give  a  satisfac- 
tory endorser,  had  to  proceed  to  New  Bedford 
therefor.  As  there  were  not  any  steamboats 
running,  and  the  mail  packet  had  been  detained 
some  days  by  a  northwest  wind,  a  change 
seemed  probable,  and  in  the  afternoon  of  the 


day  of  the  occurrence  it  came  round  to  west* 
southwest;  being  rather  scant  for  the  mail 
packet,  her  captain  could  not  be  induced  to 
leave. 

Barker,  impatient  at  the  delay,  took  passage 
on  a  lumber-loaded  vessel  that  had  put  in  for  a 
harbor,  bound  to  the  neighborhood  of  New 
Bedford,  which  he  discovered  making  sail  to 
leave,  late  in  the  afternoon.  She  proceeded 
twenty-five  miles  when  the  wind  turned  back 
to  northwest,  which  obliged  the  vessel  to  come 
to  anchor  at  eight  o'clock  in  the  evening.  At 
daylight  the  next  morning  a  signal  was  set  for 
a  pilot;  a  boat  soon  appeared  from  the  Vine- 
yard, and  was  chartered  to  proceed  to  New 
Bedford. 

On  reaching  Wood's  Hole  found  the  current 
running  east  too  swift  for  the  boat  to  encounter 
that  passage  with  an  unfavorable  wind;  she  there- 
fore beat  up  the  Vineyard  sound  and  passed 
through  Quicksi's  Hole,  and  arrived  at  New 
Bedford  as  the  bells,  according  the  custom  of 
the  place,  were  ringing  for  twelve  o'clock. 

The  endorsement  of  William  Rotch,  jr.,  was 
procured. 

A  vessel  belonging  to  Westport,  Aikins  com- 
mander, was  chartered  to  take  Mr.  Barker  back 
to  Nantucket,  of  which  he  had  to  stand  pilot, 
no  one  on  board  ever  having  been  through 
Wood's  Hole  or  at  Nantucket.  She  left  at  three 
o'clock  with  a  glorious  west-northwest  wind  and 
clear  weather;  at  eight  o'clock  in  the  evening, 
the  moon  shining  brightly,  she  ran  in  alongside 
the  mail  packet  lying  at  the  straight  wharf,  she 
not  having  left. 

Elated  with  this  exploit,  the  first  thing  done 
by  Barker  was  to  repair  to  the  residence  of 
Moses  Swain,  the  captain  of  the  mail  packet,  to 
let  him  know  what  he  might  have  done  if  he 
chose.  He  could  not  realize  that  Mr.  Barker 
had  been  to  New  Bedford  and  returned,  until 
the  endorsement  of  Mr.  Rotch  was  exhibited. 

The  wind  came  out  that  night  from  the  east, 
the  ship  Rose,  commanded  by  Silas  Jones, 
sailed  for  New  York  in  company  with  the  mail 
packet  the  next  morning,  and  reached  New 
York  before  the  mail  packet  got  back  to  Nan- 
tucket. 

Insurances  were  then  made  by  individual 
subscription,  conformable  to  the  practice  at 
Lloyds,  London.  A  celebrated  underwriter  was 
in  the  habit  of  insuring  Mr.  Barker's  adventuresj 


COMMISSION  AND   SHIPPING  BUSINESS. 


15 


expecting  the  arrival  of  a  vessel  in  the  cargo  of 
which  he  was  interested,  he  made  a  verbal  bar- 
gain with  this  gentleman  to  insure  the  said  ad- 
venture. 

The  next  day  news  came  to  him  through 
Messrs.  Hicks  and  Post,  that  some  disaster  had 
overtaken  the  vessel.  Wishing  evidence  of  the 
contract,  he  wrote  a  note  to  the  underwriter, 
requesting  him  to  send  the  policy,  provided  it 
had  been  filled  up  ;  if  it  had  not  been  not  to 
fill  it  up  until  he  should  see  Mr.  Barker.  It 
had  not  been  prepared,  the  underwriter  detain- 
ed the  messenger  until  he  filled  up  the  policy, 
which  was  done  in  due  form,  pursuant  to  their 
agreement,  and  sent  by  the  messenger's  return. 

'This  occurrence  becoming  public,  and  al- 
though of  a  trifling  amount,  occurring  during 
Mr.  Barker's  minority,  before  he  was  establish- 
ed in  business,  amicably  settled  by  the  parties 
who  were  personal  friends  ever  thereafter,  has 
been  a  fruitful  source  of  misrepresentation, 
from  the  day  of  its  occurrence  until  the  present 
time. 

The  result  of  all  Mr.  Barker's  traffic  during 
his  minority  was  a  profit  of  five  thousand  dol- 
lars over  and  above  the  cost  of  his  board,  ap- 
parel, and  other  expenses. 

He  resided  in  Mr.  Hicks'  family  the  last  two 
years  of  being  in  his  employ,  and  paid  him  one 
half  the  price  for  his  board  he  had  paid  to  oth- 
ers. The  other  half  was  all  the  compensation 
he  had  for  his  services. 

With  this  capital  he  commenced  business  in 
1801.  On  the  27th  of  August  of  that  year,  he 
married  with  his  schoolmate,  Elizabeth  Hazard, 
the  daughter  of  Thomas  Hazard,  jr.,  of  New 
Bedford.  She  was  born  at  Newport,  Rhode 
Island,  on  the  2d  December,  1783. 

Mr.  Barker  had  embarked  extensively  in  the 
commission  business,  and  was  employed  by  the 
most  respectable  merchants  of  the  nation. 
Among  the  number  was  William  Gray,  of  Sa- 
lem, the  owner  of  more  ships  than  any  other 
merchant  in  America,  who  employed  him  to  go 
to  New  Bedford  and  negotiate  for  a  cargo  of 
sugar,  which  had  arrived  at  that  place  from 
Manilla.  The  sugar  was  not  purchased.  He 
endorsed  and  sold  bills  of  exchange  to  a  large 
amount  for  Henry  Deaves,  an  Irish  merchant, 
who  had  been  an  extensive  shipper  of  cotton, 
tobacco,  potash,  and  breadstuffs,  the  price  of 
which  had  suddenly  taken  an  unfavorable  turn, 


occasioning  his  bills  to  be  dishonored,  which 
swept  from  Mr.  Barker  all  he  had  ever  earned, 
leaving  him  barely  sufficient  to  pay  the  debts 
incurred.  This  news  reached  him  by  letter 
while  he  was  at  his  wedding  dinner  at  Nan- 
tucket, accompanied  by  Mr.  Deaves,  to  whom, 
after  perusing  the  letter,  he  handed  it.  He  read 
it,  when,  at  Mr.  Barker's  invitation,  they  took 
wine  together.  No  one  else  of  the  party  knew 
what  had  occurred.  They  remained  friends 
ever  thereafter. 

Mr.  Barker  was  enabled  to  pursue  his  accus- 
tomed occupation  successfully.  Not  satisfied 
with  a  large  share  of  commission  business,  he 
took  an  interest  in  several  ships,  and  as  his 
business  prospered,  he  extended  that  interest 
until  he  became  the  owner  of  many  vessels,  and 
felt  a  strong  disposition  to  supply  the  United 
States  light-house  establishment  with  oil. 
Those  engaged  in  the  whale  fishery  from  Nan- 
tucket and  New  Bedford  could  not  agree  to 
act  together  in  supplying  the  article,  and  their 
competition  reduced  the  price  to  a  very  low 
rate. 

Mr.  Barker  undertook  to,  and  succeeded,  in 
harmonizing  their  differences,  and  the  oil  was 
supplied  by  him  for  their  account  for  one  year. 
The  account  closed  to  the  satisfaction  of  all 
parties. 

Mr.  Barker  supposed  those  for  whom  he  act- 
ed, and  who  had  been  greatly  benefitted  by  the 
arrangement,  would  be  glad  to  continue  his 
agency.  In  this  he  was  mistaken.  When  the 
proposals  were  published  by  the  Secretary  of 
the  Treasury,  not  hearing  from  them,  he  in- 
quired by  letter,  expressing  his  willingness  to 
continue  his  services,  which  they  declined,  inti- 
mating that  they  had  the  command  of  nearly 
all  the  oil  in  the  country,  that  no  one  else 
could  supply  it,  therefore  his  services  would 
not  be  useful;  admonishing  him  to  beware  how 
he  contracted  on  his  own  account,  remarking 
that  nothing  but  the  inordinate  appetite  of 
youth  for  gain  could  induce  any  one  to  embark 
on  a  sea  of  such  uncertainty. 

This  did  not  intimidate.  Mr.  Barker  counted 
on  the  arrival  of  many  ships  before  the  oil  would 
be  wauted,  made  proposals  on  his  own  account. 
The  eastern  association,  too  confident  of  their 
power,  required  so  high  a  price  that  their  young 
competitor  was  enabled  to  obtain  the  contract 
on  Yery  favorable  terms,  not  only  for  that  year, 


16 


LIFE   OF   JACOB   BARKER. 


but  for  the  five  succeeding  years,  which  he  ful- 
filled to  profit  and  to  the  entire  satisfaction  of 
the  government. 

He  dealt  with  Mr.  Gallatin,  the  then  Secre- 
tary of  the  Treasury,  a  gentleman  of  sterling 
integrity  and  first  rate  talents,  never  afraid  to 
do  right  or  to  require  of  his  subalterns  to  do 
promptly  all  that  was  proper  to  be  done  in  all 
matters  relating  to  the  business  of  bis  depart- 
ment. 

Mr.  Barker  being  the  owner  of  many  ships, 
extended  his  business  to  many  nations,  princi- 
pally to  Russia,  where  the  flag  of  the  United 
States  was  always  treated  kindly  and  liberally, 
insomuch  that  he  never  heard  a  complaint  by 
an  American  citizen  against  that  government 
or  its  officers. 

In  the  appointment  of  commanders  for  his 
vessels  he  usually  selected  those  from  Nan- 
tucket. Among  the  number  from  that  island  were : 
Myer  Swain,  commander  of  ship  Uncle  Toby. 
Stephen  Parr,  «  "  " 

Andrew  Pinkham,  "  "       President. 

Daniel  Waterman,  "  "       Eliza. 

David  Allen,  "  "       Betsey. 

Peleg  Barker,  "  "      Liberty. 

Charles  Clark,        "  "      Albert  Gallatin. 

Jonathan  Smith,     "  "       Mary. 

Josiah  Barker,        "  "       Lady  Gallatin. 

James  Lawrence,   "  "      Mobile. 

Robert  Swain,         "  "      Lady  Madison. 

Seth  Swain,  u  "       Jason. 

Peter  Gifford,         "  "       Olive. 

David  Jenkins,       a  "       Loan. 

Ichabod  Clark,        "  "      Rodman. 

Robert  Waterman,  a  "       Stranger. 

Uriah  Coffin,  "  «  " 

R.  R.  Macy,  "  "      Beaver. 

Abisha  Swain,         u  brig     Sarah. 

Francis  Paddock,   u  "       President. 

Charles  Coffin,        "  "       Clothier. 

Jared  Gardiner,      "  "       Hero. 

Richard  Swain,       u  "       Wilson. 

Hamilton  Darling, "  "       Catherine  Jane. 

Peter  G.  Fosdick,  "  "      Speedy  Peace. 

Barzella  Jones,       "     schooner  Galliot. 
James  Russell,        "  "      M.Washington. 

Bethewel  Pinkham "  "       Enterprise. 

Samuel  Gilston,     "  "      Alert. 

Chas.  Coffin,  "  «      William  Tell. 

John  Cottle,  "  "       Mt.  Wollaston. 

Ed.  H.  Barker,       "  steamboat  Marco Bozarris 


The  other  officers  of  his  vessels  were  also 
usually  selected  from  Nantucket. 

During  the  war  Nantucket  was  in  want  of 
supplies;  Mr.  Barker  purchased  the  New  York 
pilot  boat  Champlain,  and  caused  her  to  be 
loaded  at  Norfolk  with  flour,  and  dispatched  for 
that  place,  under  the  command  of  Bethewel 
Pinkham.  When  near  the  island  a  heavy  fog 
set  in  ;  when  it  cleared  away  she  was  within  a 
half  gunshot  of  a  British  seventy-four,  captured, 
and  vessel  and  cargo  lost. 

In  1825  the  merchants  and  banks  at  Nan- 
tucket became  much  embarrassed  in  their  pe- 
cuniary concerns;  they  sent  a  committee  to 
New  York  who,  through  Barker's  aid,  procured 
a  loan  of  $300,000  on  a  pledge  of  oil  to  be  left 
on  the  island. 

Subsequently  he  established  steamboat  com- 
munication between  that  place  and  New  Bed- 
ford by  placing  on  that  line  the  Marco  Bozar- 
ris, under  the  command  of  Edward  H.  Barker. 

Had  Mr.  Barker's  affairs  prospered  as  much 
subsequent  to  Jefferson's  embargo  as  they  did 
prior  to  that  measure,  the  business  of  Nan- 
tucket might  at  this  day  have  been  in  a  more 
prosperous  state,  his  predilections  being  in  fa- 
vor of  his  youthful  playmates  and  their  home, 
which  is  celebrated  for  the  excellence  of  their 
codfish  chowder  for  their  evening  repast,  and 
green  corn  puddings  at  their  afternoon  tea  par- 
ties. These  exquisite  dishes  are  seldom  met 
with  at  other  places,  except  among  those  who 
have  left  the  island,  or  their  descendants. 

However,  on  one  occasion  when  Mr.  Barker 
was  dining  with  General  Jackson  at  the  Whit, 
House,  a  first  rate  green  corn  pudding  was 
among  the  good  things  of  which  he  partook  on 
that  occasion,  from  which  he  concluded  that  the 
Tennessee  people  had  become  possessed  of  the 
secret  how  to  make  the  best  use  of  maize. 

Colonel  Boyd,  of  Massachusetts,  having  served 
in  the  British  army  in  the  East  Indies,  was  re- 
warded with  permission  to  export  from  Calcut- 
ta a  cargo  of  saltpetre  to  the  United  States,  to 
pay  for  which  Mr.  Barker's  London  correspond- 
ent furnished  the  money;  a  British  ship  wa8 
chartered  for  the  purpose,  loaded  at  Calcutta, 
and  sailed  for  New  York,  consigned  to  Mr. 
Barker. 

On  her  passage  she  called  at  the  Cape  of 
Good  Hope  for  refreshments,  before  which  the 
relations  with  the  United  States  assumed  so 


PLAN    OF  BOOK-KEEPING. 


17 


squally  an  appearance  that  Great  Britain  did 
not  like  to  supply  her  with  such  a  quantity  of 
saltpetre,  and  on  the  pretence  that  it  had  been 
shipped  in  violation  of  the  rights  of  the  East 
India  Company,  the  authorities  of  the  Cape  of 
Good  Hope  seized  it  and  sent  the  ship  off  in 
ballast. 

On  her  arrival  below  New  York  being  an- 
nounced, Mr.  Barker  thought  his  commission 
was  secure;  on  her  coming  up  he  found  he  had 
calculated  too  fast. 

Colonel  Boyd  was  subsequently  compensated 
by  the  British  government,  leaving  Mr.  Barker 
minus  his  anticipated  commissions.  This  be- 
ing in  the  early  part  of  his  commercial  career 
was  a  great  disappointment  to  him. 

Mr.  Barker  also  received  from  those  London 
friends  a  consignment  for  account  of  Mr.  Ful- 
ton, of  the  first  steam  engine  ever  in  successful 
operation  for  propelling  vessels.  It  was  made 
by  Messrs.  Bolton  and  Watts,  celebrated  for 
constructing  steam  machinery.  It  remained  in 
Mr.  Barker's  store  in  South  street  many  months 
before  Mr.  Fulton  could  raise  the  funds  to  pay  for 
it.  The  engine  was  placed  on  the  first  steamboat 
that  navigated  the  Hudson;  Mr.  Barker  thiuks 
her  name  was  the  North  River,  and  that  she  at- 
tained the  speed  of  four  miles  an  hour.  Little 
did  he  then  think  this  discovery  of  the  immor- 
tal Fulton  would  in  less  than  half  a  century 
regulate  the  commerce  of  the  whole  world,  be- 
come so  powerful  an  auxiliary  in  all  war  meas- 
ures, save  time  and  shorten  space  to  such  a 
degree  that  to  be  deprived  of  its  use  would 
be  universally  considered  a  calamity  of  the  first 
magnitude. 

Very  soon  after  entering  the  employ  of  Mr. 
Hicks,  Mr.  Barker  acquired  a  thorough  know- 
ledge of  the  art  of  book-keeping,  adopting  the 
plan  of  full  explanation  in  the  original  entry, 
referring  to  it  thereafter  by  folios,  and  when 
goods  were  purchased  or  sold  for  account  of  I 
parties,  or  moneys  drawn  from  different  banks 
and  delivered  among  different  parties,  com- 
mencing his  entries  "Sundry  accounts  debtor 
to  sundry  accounts,"  debiting  each  receiver  for 
what  he  had  received,  and  crediting  each  bank 
or  owner  with  their  proportion  of  all  that  had 
been  parted  with  all  in  one  entry;  and  when  a 
parcel  of  goods  belonging  to  a  single  concern 
has  been  sold  to  various  parties,  or  money 
drawn  from  a  bank  and  divided  among  several 


persons,  a  single  entry  of  "Sundry  accounts 
debtor  to  the  party,"  embracing  the  whole  with- 
out mingling  it  with  the  cash  account,  unless  a 
portion  of  the  money  remained,  in  which  case 
that  account  should  become  one  of  the  sundry 
accounts  for  such  residue. 

If  young  men  wishing  to  acquire  a  know- 
ledge of  book-keeping  would  consider  well  this 
form  of  entry,  and  understand  the  principle, 
they  would  have  but  little  more  to  do  to  ac- 
quire the  whole  art,  as  nothing  is  more  easy 
than  to  transfer  such  entries  from  the  waste  to 
the  journal,  and  from  the  journal  to  the  ledger. 

His  plan  of  calculating  interest  was  to  in- 
crease the  amount  of  each  item  of  dollars  by 
multiplying  them  by  the  number  of  days, 
(throwing  away  the  fractions  under  fifty,  adding 
one  dollar  to  the  items  where  the  fractions  were 
over  fifty,)  leaving  a  single  sum  (the  balance  of 
debits  and  credits)  on  which  to  calculate  the 
interest  for  one  day,  thus  having  but  one  item 
on  which  to  calculate  the  interest,  however 
long  the  account  might  be,  in  place  of  calcu- 
lating it  on  each  item. 

Mr.  Barker  soon  acquired  so  thorough  an 
acquaintance  with  Mr.  Hicks'  business,  and 
made  himself  so  useful,  that  he  was  entrusted 
with  its  principal  management,  particularly 
when  that  gentleman  had  occasion  to  be  ab- 
sent from  the  city.  He  was  successful  in 
having  all  his  transactions  approved  by  his  chief. 

Mr.  Barker's  family,  Isaac  Hicks,  from  whom 
he  received  his  mercantile  education,  and  his 
father-in-law,  Thomas  Hazard,  jr.,  all  being 
Democratic,  it  was  to  have  been  expected  that 
he  would  grow  up  in  that  faith, and  so  it  turned 
out,  and  he  took  an  early  part  in  political  mat- 
ters; before  he  had  a  vote  his  voice  was  heard 
and  his  pen  was  felt  in  the  good  cause. 

The  odious  alien  and  sedition  law  fettered 
the  press,  and  the  stamp  law  of  John  Adams 
bothered  him  in  his  business;  its  repeal  became 
an  object  of  deep  interest ;  this  urged  him  on 
in  the  support  of  Jefferson. 

In  those  days  party  feeling  ran  very  high; 
the  purchase  of  Louisiana  was  a  theme  on 
which  the  Federalists  rang  all  their  changes; 
they  denounced  Jefferson  as  being  under 
French  influence  ;  accused  him  when  the  Hor- 
net was  sent  to  Belgium  with  two  millions  of 
specie  to  pay  for  Louisiana  as  paying  tribute  to 
Bonaparte;  ridiculed  the  purchase  with  the  ap- 


18 


LIFE   OF  JACOB   BARKEE. 


plication  of  the  terms  salt  mountain,  prairie, 
pig,  and  such  like  comparisons.  On  all  occa- 
sions Mr.  Barker  approved  of  and  vindicated 
this  purchase,  incurring  the  keenest  enmity  of 
the  opponents  of  the  administration,  who  con- 
sidered it  the  great  gun  by  which  they  were  to 
regain  power. 

Mr.  Barker  passed  with  Mr.  Jefferson  at  the 
White  House  the  evening  of  the  day  on  which 
he  sent  to  Congress  the  message  developing 
Burr's  conspiracy.  He  appeared  much  pleased 
at  the  failure  of  the  scheme,  spoke  of  the  arri- 
val of  Erick  Bolman,  one  of  the  supposed  con- 
spirators, a  prisoner  from  New  Orleans,  at 
Charleston ;  the  interference  of  his  political  op- 
ponents to  have  Bolman  released,  for  which 
purpose  they  took  out  a  writ  of  habeas  corpus, 
and  sent  the  sheriff  with  it,  to  bring  the  pris- 
oner into  court  from  Fort  Sullivan,  where  he 
was  confined. 

The  colonel  in  command  refused  to  receive 
the  mandate  from  the  sheriff,  on  the  ground 
that  a  military  officer  could  only  receive  orders 
from  his  superior,  therefore  the  sheriff  must 
proceed  to  "Washington,  and  serve  the  process 
on  the  President  of  the  United  States,  the  com- 
mander in  chief  of  our  whole  military  force. 
This  subterfuge  enabled  the  colonel  to  retain 
the  prisoner  until  he  should  receive  orders  from 
Washington. 

The  sage  of  Monticello  remarked :  "  This 
colonel  seems  to  have  been  an  old  soldier,  with 
more  respect  for  military  discipline  than  for 
civil  authorities." 

The  conversation  turned  on  Blennerhasset, 
who  was  supposed  to  be  concerned  in  the  plot, 


and  those  who  came  among  us  from  foreign 
countries.  Mr.  Jefferson  said  they  were  a 
hardy  and  enterprising  race,  capable  of  endur- 
ing great  fatigue  ;  that  we  had  been  and  con- 
tinued to  be  greatly  benefitted  by  their  ser- 
vices ;  the  shorter  the  period  of  their  probation 
before  they  become  citizens  the  better.  Exclude 
them  from  the  blessings  of  citizenship,  and  you 
create  a  powerful  set  of  men  all  over  the  nation, 
who  would  act  together  on  the  sounding  of  a 
single  word,  who  might  become  very  danger- 
ous^ when  a  just  and  liberal  course  toward  them 
would  have  the  effect  to  make  them  consider  us 
all  of  one  family,  embarked  in  the  same  ship. 
They  should,  said  he,  be  estimated  by  their  vir- 
tues and  intelligence. 

Mr.  Jefferson  also  spoke  of  the  European 
war,  and  the  injustice  of  the  course  of  the  bel- 
ligerents towards  the  United  States.  Said  our 
merchants  had  better  keep  their  property  at 
home  than  to  be  thus  despoiled  of  it ;  that 
the  Quaker  policy  was  best,  not  to  have 
anything  to  do  with  those  who  would  not  deal 
justly. 

The  Democratic  party  believed  that,  so  far 
as  Great  Britain  was  concerned,  the  restrictive 
system  would  be  far  more  powerful  than  any 
war  measures  we  could  adopt. 

This  opinion  prevailed  among  the  most  en- 
lightened inhabitants  of  the  United  States. 

Long  before  the  revolution  in  1765,  they 
formed  a  league  at  Philadelphia,  which  received 
the  signatures  of  men  of  the  highest  distinction, 
of  every  political  party,  of  which  Mr.  Barker  is 
in  possession  of  an  autographical  copy,  which 
reads  thus 


NON-IMPORTATION   RESOLUTIONS. 


19 


NAMES   OF  THE  MERCHANTS  AND  0TEER  CITIZENS  OP  PHILADELPHIA, 


WHO    SUBSCRIBED 


TO  THE  NON-IMPORTATION  RESOLUTIONS,  OCTOBER  25,  17G5. 


The  merchants  and  traders  of  the  city  of 
Philadelphia,  taking  into  their  consideration 
the  melancholy  state  of  the  North  American 
commerce  in  general,  and  the  distressed  situ- 
ation of  the  province  of  Pennsylvania  in  par- 
ticular, do  unanimously  agree  :  That  the  many 
difficulties  they  now  labor  under,  as  a  trading 
people,  are  owing  to  the  restrictions,  prohibi- 
tions, and  ill-advised  regulations  made  in  sev- 
eral acts  of  the  Parliament  of  Great  Britain, 
lately '  passed  to  regulate  the  colonies,  which 
have  limited  the  exportation  of  some  part  of 
our  country  produce,  increased  the  cost  and 
expense  of  many  articles  of  our  importation 
and  cut  off  from  us  all  means  of  supplying  our' 
selves  with  specie  enough  even  to  pay  the  du- 
ties imposed  on  us,  much  less  to  serve  as  a 
medium  of  our  trade.  That  this  province  is 
heavily  in  debt  to  Great  Britain,  for  the  manu- 
factures and  other  importations  from  thence} 
which  the  produce  of  our  lands  have  been 
found  unequal  to  pay  for,  when  a  free  exporta- 
tion of  it  to  the  best  markets  was  allowed  of 
and  such  trades  open  as  supplied  us  with  cash 
and  other  articles  of  immediate  remittance  to 
Great  Britain.  That  the  late  unconstitutional 
law,  the  stamp  act,  if  carried  into  execution  in 
this  province,  will  further  tend  to  prevent  our 
making  those  remittances  to  Great  Britain,  for 
payment  of  old  debts,  or  purchase  of  more 
goods,  which  the  faith  subsisting  between  the 
individuals  trading  with  each  other  requires, 
and  therefore,  in  justice  to  ourselves,  to  the 
traders  of  Great  Britain,  who  usually  give  us 
credit,  and  to  the  consumers  of  British  manu- 
factures in  this  province,  the  subscribers  hereto 
have  voluntarily  and  unanimously  come  into 
the  following  resolutions  and  agreements,  in 
hopes  that  their  example   will  stimulate  the 


good  people  of  this  province  to  be  frugal  in 
their  use  and  consumption  of  all  manufactures 
excepting  those  of  America,  and  lawful  goods, 
coming  directly  from  Ireland,  manufactured 
there,  whilst  the  necessities  of  our  country  are 
such  as  to  require  it ;  and  in  hopes  that  their 
brethren  the  merchants  and  manufacturers  of 
Great  Britain  will  find  their  own  interest  so 
intimately  connected  with  ours,  that  they  will 
be  spurred  on  to  befriend  us  from  that  motive, 
if  no  other  should  take  place. 

First.  It  is  unanimously  resolved  and  agreed 
that  in  all  orders  any  of  the  subscribers  to  this 
paper  may  send  to  Great  Britain  for  goods, 
they  shall  and  will  direct  their  correspondents 
not  to  ship  them  until  the  stamp  act  is  re- 
pealed. 

Secondly.  That  all  those  amongst  the  sub- 
scribers that  have  already  sent  orders  to  Great 
Britain  for  goods  shall  and  will  immediately 
countermand  the  same  until  the  stamp  act  is 
repealed,  except  such  merchants  as  are  owners 
of  vessels  already  gone  or  now  cleared  out  for 
Great  Britain,  who  are  at  liberty  to  bring  back 
in  them  on  their  own  accounts,  coals,  casks  of 
earthenware,  grindstones,  pipes,  iron  pots, 
empty  bottles,  and  such  other  bulky  articles  as 
owners  usually  fill  up  their  ships  with,  but  no 
dry  goods  of  any  kind,  except  such  kind  of 
dye  stuffs  and  utensils  necessary  for  carrying 
on  manufactures  that  may  be  ordered  by  any 
person. 

Thirdly.  That  none  of  the  subscribers  hereto 
shall  or  will  vend  any  goods  or  merchandize 
whatsoever  that  shall  be  shipped  them  on  com 
mission  from  Great  Britain,  after  the  first  day 
of  January  next,  unless  the  stamp  act  be  re. 
pealed. 

Fourthly.  That  these  resolves  aud    agree- 


20 


LIFE  OF   JACOB   BARKER. 


ments  shall  be  binding  on  all  and  each  of  us 
the  subscribers,  who  do  hereby  each  and  every 
person  for  himself,  upon  his  word  of  honor, 
agree  that  he  will  strictly  and  firmly  adhere  to 
and  abide  by  every  article  from  this  time  till 
the  first  day  of  May  next,  when  a  meeting  of 
the  subscribers  shall  be  called,  to  consider 
whether  the  further  continuance  of  this  obliga- 
tion be  then  necessary. 

Fifthly.  It  is  agreed  that  if  goods  of  any  . 
kind  do  arrive  from  Great  Britain,  at  such 
time  or  under  such  circumstances  as  to  render 
any  signer  of  this  agreement  suspected  of  hav- 
ing broken  his  promise,  the  committee  now 
appointed  shall  enquire  into  the  premises,  and 
if  such  suspected  person  refuses  or  cannot  give 
them  satisfaction,  the  subscribers  hereto  will 
unanimously  take  all  prudent  measures  to  dis- 
countenance and  prevent  the  sale  of  such  goods, 
until  they  are  released  from  this  agreement  by 
mutual  and  general  consent. 

Lastly.  As  it  may  be  necessary  that  a  com- 
mittee of  the  subscribers  be  appointed  to  wait 
on  the  traders  of  this  city,  to  get  this  present 
agreement  universally  subscribed,  the  following 
gentlemen  are  appointed  for  that  purpose : 
Thomas  Willing  and  Samuel  Mifflin,  esq's, 
Thomas  Montgomery,  Samuel  Hewell,  Samuel 
"Wharton,  John  Rhea,  William  Fisher,  Joshua 
Fisher,  Peter  Chevalier,  Benjamin  Fuller,  and 
Abel  James. 

Thomas  Willing,  John  Hart, 

James  Pemberton,         Tench  Tilghman, 
Joseph  Hoxe,  Cad.  &  Sam'l  C.  Morris 

Joshua  Fisher  &  Son,    Joseph  Saunders, 
B.  Fuller,  Baynton,    Wharton    & 

Samuel  Burge,  Morgan, 

Buckridge  &  Sims,         Alexander  Smith, 
Thomas  Bond,  jr.,  Kearney  &  Gilbert, 

T.  Morris,  jr.,  Samuel  Smith, 

Amos  Strettell,  Wm.  Storrs  Frey, 

Joseph  Swift,  John  Cox,  jr., 

Thomas  Montgomery,    Abraham  Usher, 
John  Chew,  Peter  Wikoff, 

Stamper  &  Bingham,     Frs.  Richardson,  jr., 
Abra.  Mitchell,  David  Hall, 

John  Bayard,  Stephen  Carmick, 

John  Gibson,  jr.,  William  Scott, 

Thomas  Smith,  James  Budden, 

Conyngham  &  Nesbitt,  Samuel  Mathew, 
Carsan,      Barclay     &  John  Shee, 
Mitchell,  Robert  Morris, 


Israel  Morris,  jr., 
Benjamin  Gibbs, 
Francis  Teyes, 
Robert  Montgomery, 
Samuel  Caldwell, 
John  Ladd  Howell, 


Thomas  Wallace, 
Benjamin  Levy, 
Benjamin  Swett,  jr., 
Thomas  Wharton, 
Daniel  Rund  &  Co., 
John  Nixon, 


Samuel  Purviance,  jr.,  Joseph  Whorton,  jr., 


John  Rose,  jr., 
Benjamin  Wynkoop, 
John  Wikoff, 
Francis  Harris, 
Samuel  Morris,  jr., 
Daniel  Roberdeall, 
William  Lloyd, 
James  Harding, 
Peter  Reeve, 
Samuel  Hudson, 
Daniel  Benezet, 
Samson  Levy, 
Joseph  Dean, 


Persifor  Frazer, 
Enoch  Story, 
John  Ord, 
Caleb  Jones, 
Josiah  Hewes, 
Samuel  Mifflin, 
Thomas  Riche, 
Samuel  Purviarce, 
Willing  &  Tod, 
George  Clymes, 
David  Beveridge, 
George  Emlen,  jr., 
George  Bryan, 


John  &  Peter  Chevalier3Townsend  White, 


David  Deshber, 
David  Sproat, 
William  Richards, 
David  Potts, 
Wells  &  Jackson, 


Peter  Knight, 
Alexander  Huston, 
John  Sparhawk, 
Thomas  Turner, 
James  &  Drinker, 


John  and  David  Rhea,  Francis  Wade, 


Keefe  Meredith, 
Joseph  Richardson, 
Joshua  Howell, 
Richard  Parker, 
Samuel  Morton, 
William  Heysham, 
John  Peirse, 
William  Bradford, 
Thomas  West, 
Benjamin  Rawle, 
James  Harvey, 
Zach.  Hutchings, 
Philip  Benozet, 
Tench  Frances, 
Joseph  Wood, 
Thomas  Wharton,  jr. 
Benjamin  Morgan, 
William  Dowell, 
Charles  Thomson, 
William  Sidgreaves, 
James  Benezet, 
William  Henry, 


James  Jann, 
Samuel  Howell, 
William  Rush, 
Henry  Donaldson, 
Elijah  Brown, 
John  Mifflin, 
John  Morton, 
Archibald  McCall, 
John  Measse, 
John  Armitt, 
Samuel  Meredith, 
Charles  Coxe, 
Thomas  Penrosse, 
James  Penrosse, 
Dowers  &  Gooke, 
Samuel  Bunting, 
Thomas  Clifford, 
Isaac  Cox, 
Samuel  Smith, 
James  Hartley, 
S.  Shoemaker, 
William  Allison, 


George  and  John  Kidd,Hyman  Levy,  jr., 
Peter  Turner,  sr.,  James  Whardon, 

Isaac  and  Jos  Paschall,  John  Bell, 


NAMES   OP   MERCHANTS   AND   OTHER   SIGNERS. 


21 


Lydia    and   Elizabeth  Magee  &  Sanderson, 

Hyde,  Henry  Kippell,  jr., 

Joseph  Jacobs,  John  Hughes, 

William  Symonds,  Reuben  Haines, 

John  Test,  Owen  Jones, 

Joseph  Pennock,  jr.,  Elijah  Puschall, 

Robert  Taggart,  Benjamin  Davies, 

William  Talconer,  Hudson  Emlen, 

William  Craig,  Richard  Wain, 

Owen  Biddle,  Peter  Thomson, 

Benjamin  Hooton,  William  Pollard, 

David  Bacon,  Thomas  Lawson, 

Samuel  Carruthers,  Judah  Sonthe, 

Jacob  Shoemaker,  jr.,  John  Cox, 

Bartram  &  Dundas,  Theo.  Gardner, 

Robert  Bass,  Samuel  Sansom,  jr., 

Peyton  &  Adiock,  Th.  Bond, 

Nath.  Tready,  James  Eddy, 
Richard  and  Peter  Foot  -Philip  Kearney,  jr., 

man,  Richard  Bache, 

A.  D.  Hoops,  Jona.  Evans, 
Caleb  Hewes,  Anthony  Stocken, 
Samuel  Fisher,  Jo.  Smith,  jr., 
Joseph  Baker,  Hugh  McCulloch, 
Coxe  &  Trueman,  John  Knowles, 
Robert  Wain,  Wm.  Vanderspregoh, 
George  Robotham,  Phil.  Syng, 
Andrew  Bankson,  Isaac  Wikoff, 
Hugh  and  Geo  Roberts,Ann  Pearson, 
Jeremiah  Warder,  John  Baldwin, 
Robert  Tuckniss,  Benjamin  Kendall, 
John  Steinnetz,  William  Hodge, 
Hugh  Forbes,  John  Fullerton, 

B.  F.,  for  R.  Mitchell,  James  Stuart, 
Joseph  Claypoole,  Abraham  Bickley, 
Richard  Swan,  James  Maccubbin, 
Allen  &  Turner,  Thomas  Cadwalader, 
John  Ingles,  James  Tilghman. 
John  Pringle,  William  Bryan, 
John  Nelson,  Hers.  Courteney, 
Garret  &  Geo.  Meade,  John  Moore, 

J.  Craig,  John  Byrn, 

William  Morrell,  Thomas  Robinson, 

John  Bayly,  Christopher  Marshall  & 

John  Peters,  Sons, 

Hubley&  Graff,  Benjamin  Marshall, 

Thomas  Dicas,  Benjamin  Chew, 

Mease  &  Miller,  David  Franke, 

John  Reynell,  John  White, 
William   and   Andrew  John  Flanagan, 

Caldwell,  Ben.  Booth, 

James  Searle,  Wm.  West, 


John  Leacock, 
James  White, 
John  Allen, 
George  Glontworth, 
William  Pussy, 
Joseph  King, 


John  &  Thos.  Phillij 
Latham  &  Jackson, 
Charles  Wharton, 
Alexander  Dunan, 
John  Heaton, 
Charles  Batho, 


William   and    Samuel  Richard  Budden, 

Corry,  John  Dickinson, 

Thomas  Paschall,  Philn.  Dickinson, 

Oswell  Eve,  Wm.  Logan, 

John  Cottringer,  John  Boyle, 

Wm.  Ball,  Robert  Harris, 

Wm.  Moore,  James  Alexander, 

Clement  Biddle,  Joseph  &    Amos  Hill- 
Jacob  Duchs,  born, 

Joseph  Richardson,  Plan  Heeson, 

P.  Turner,  jr.,  Barnard  &  Jouquiz, 
John  and  Lamb.  Cad-    James  Clayprole, 

wallader,  Thomas  Charlton, 

Iona  Brown,  Isaac  Mori-is,  jr., 

Will  Humphreys,  Peter  Howard, 

John  Wharton,  Marcy  Gray, 

Godfrey  Laycock,  Israel  Pemberton, 
Charles  Stedman,  (for  Richard  Humphreys, 

self  and  brother.)  Magdalen  Devine, 
Benjamin  Armitage,  jr,John  Wallace, 

Robert  Wilson,  Caleb  Foulke, 

Samuel  Ormes,  Richard  Stevens, 

Joseph  Trotter,  Wm.  McMurtrie, 

George  Morrison,  Francis  Street, 

E.  Milne,  Andrew  Allen, 

Cornelius  Bradford,  Wm.  Fisher, 

Abel  Jamessigns,  Ellis  Lewis, 
For  Jonathan  Zane,  byNeave  &  Harman, 

his  desire.  Lester  Falkner,       , 

Samuel  Pleasant,  Mathias  Bush, 

Thomas  Savage,  Michael  Graty, 

Wm.  Wilson,  Bernard  Graty, 

Benjamin  Harbeson,  Daniel  Williams, 

Woodham  &  Young,  Humphrey  Robinson, 

William  Ibeson,  John  Bringhurst, 

Stephen  Collins,  James  Hunter, 

John  Head,  Bartram  &  Lennox, 

Jacob  Winey,  Philip  Kinsey, 

John  Drinker,  jr.,  Daniel  Wister, 

Samuel  Cheesman,  Henry  Keppele,  sr., 

W.  Shippen,  jr.,  John  Wister, 
Isaac  &  Moses  Bartram,Moses  Mordecai,  X  his 
Wm.  Clampsery,  mark, 

A.  Morris,  jr.,  John  Kidd, 
T.  S.  Jones,  for  Jones  Thomas  Carpenter, 

&  Wall,  Stephen  Shewell, 


22 


LIFE   OP  JACOB   BARKER. 


Shaw  &  Sprogell, 
Henry  Harrison, 
P.  Sonmans, 
John  Wilcocks, 
John  Priest, 


George  A.  Morris, 
John  Wood, 
Walter  Shee  &  Sons, 
John  Keasslyn, 
Murray  &  Blair, 


Orr,  Glunholm  &  Co.,    George  Davis, 

Wm.  Nicholls,  Wishart  &  Edwards, 

W.  Barker,  Job  Morris, 

David  McMurtrie,  McNeill  &  Tolbert, 

Eobert  Hardie,  Jos.  Redman, 

James  Wallace,  Samuel  Mifflin  for  Phin- 

James  Fulton,  eas  Bond, 

Hugh  Bowes,  Vincent  Montgomery  & 

Charles  Meredith,  Son, 

John  Clayton,  William  Turner, 

John  Reefe,  Tho.  Lightfoot, 

Stewart  Duncan  &  Co.,  Thos.  Mifflin. 

Mr.  Barker  adopted  the  views  of  this  asso- 
ciation, and  has  always  advocated  them. 

Seeking  relaxation  from  the  turmoil  of  poli- 
tics and  business, he,  accompanied  by  his  family, 
that  of  a  rich  merchant  residing  in  Broadway, 
New  York,  and  Myers  Fisher,  esq.,  of  Philadel- 
phia, was  in  1807  at  Ballston-Lake,  where  Mr. 
Fisher  and  the  merchant  accompanied  him  in 
a  dug-out,  on  a  fishing  excursion.  They  were 
very  successful,  and  returned  at  noon,  a  calm, 
hot  day  of  August,  when  one  of  the  ladies  see- 
ing the  success  which  had  crowned  the  efforts 
of  the  fishing  party,  insisted  on  testing  their 
angling  skill.  The  lady  of  the  merchant,  the 
daughter  of  Mr.  Fisher,  and  a  small  boy,  the 
eon  of  Mr.  Barker,  took  their  seats  in  the  little 
boat,  and  left,  accompanied  by  Mr.  Barker. 
Whjn  a  short  distance  from  the  shore,  Mr. 
Fisher  called  "  Jacob,"  (no  doubt  associating 
him  in  his  mind  with  Nantucket,)  "  do  not  re- 
turn without  a  whale."  Mr.  Barker  paddled 
the  boat  to  the  upper  end  of  the  lake,  where 
success  smiled  on  the  fair,  which  so  elated  the 
lady  of  the  merchant  that,  after  throwing  over 
her  line,  meaning  to  place  her  hand  on  the 
gunwale  of  the  boat,  missed  it,  lost  her  bal- 
ance, and  went  with  the  chair  on  which  she 
was  sitting,  into  the  lake.  At  the  bottom  the 
grass  had  grown  very  high,  in  which  the  large 
leghorn  hat  she  wore  got  entangled.  She  did 
not  come  up.  Fortunately  her  foot  was  entan- 
gled in  the  chair,  which,  although  also  sub- 
merged, was  within  arm's  length,  which  enabled 
Mr.  Barker  to  disengage  the  lady  from  the 
grass  and  bring  her  to  the  surface  of  the  water, 


when  a  new  difficulty  presented  itself.  The 
boat  could  not  land  on  account  of  the  extended 
marsh,  and  being  small,  an  attempt  to  take  the 
lady  on  board  would  have  endangered  the  lives 
of  all.  To  prevent  fatigue,  she  was  requested 
to  refrain  from  all  exertion,  settle  down  in  the 
water  to  her  chin,  and  hold  on  the  gunwale  of 
the  boat  with  one  hand  until  it  could  be  pad- 
dled to  the  place  of  their  embarkation,  a  dis- 
tance of  near  two  miles,  with  which  she 
promptly  complied. 

During  the  passage  Mr.  Barker  exerted  all 
his  conversational  powers  to  divert  her  mind 
from  surrounding  scenes.  On  approaching 
the  landing  place  her  husband  and  Mr.  Fisher 
were  on  the  shore,  when  Mr.  Barker  had  great 
difficulty  in  repressing  a  disposition  he  felt  to 
call  out,  "  I  have  got  the  whale."  The  hus- 
band rushed  into  the  water  nearly  frantic,  to 
the  rescue  of  his  wife,  who  had  borne  the  voy- 
age with  admirable  fortitude  and  good  nature. 
She  was  received  kindly  at  a  cottage  in  the 
neighborhood,  and  provided  with  dry  garments. 
The  party  lingered  about  the  place  till  night- 
fall, the  lady  not  liking  to  return  to  the  sans 
souci  with  her  borrowed  apparel,  lest  her  peril- 
ous adventure  should  become  public.  Secrecy 
was  enjoined  on  all,  particularly  the  little  son 
of  Mr.  Barker.  He  thought  it  was  a  secret 
worth  knowing;  he  therefore  imparted  it  bright 
and  early  the  following  morning  to  those  who 
occupied  the  neighboring  rooms,  and  the  as- 
tonished lady  received  the  congratulations  of 
the  inmates  of  the  establishment  as  she  came 
to  the  breakfast  table. 

Some  years  after  Mr.  Barker  became  estab- 
lished in  business,  a  shoemaker's  boy  called  to 
leave  a  pair  of  boots,  when  the  beautiful  museum 
boy  was  recognized.  Misfortune  had  overtaken 
the  family  of  Gardner  Baker,  the  proprietor, 
they  had  been  dispersed,  the  museum  broken 
up,  and  little  James  bound  to  a  shoemaker. 
Mr.  Samuel  Thompson,  a  wealthy  citizen,  hap- 
pened to  be  present,  became  interested  in  the 
lad,  interceded  with  Mr.  Barker  to  take  him 
into  his  family  and  educate  him,  to  which  he 
consented,  if  Mr.  Thompson  would  obtain  his 
release  from  the  shoemaker.  He  did  so  by 
paying  fifty  dollars. 

The  lad  was  taken  into  the  family  of  Mr. 
Barker  and  brought  up  with  the  same  care  as 
was  bestowed  on  his   own    children,  sent  to 


NEW   YORK   CONSPIRACY   TRIALS. 


23 


school  in  the  United  States  and  France;  he  re- 
turned as  he  went,  amiable  and  comely,  when 
he  entered  the  counting  house  of  Mr.  Barker 
and  became  a  good  book-keeper.  He  had  not 
the  least  turn  for  merchandising,  and  was  to- 
tally unfit  to  wrestle  with  the  world. 

When  the  war  came  on  he  obtained  a  com- 
mission in  the  army,  returning  to  civil  life  at 
its  close,  married  and  settled  in  Virginia,  where 
he  became  religious,  and  has  led  a  very  exem- 
plary life,  always  cherishing  the  greatest  affec- 
tion for  Mr.  Barker  and  his  family. 

Mr.  Barker  had  scarcely  retrieved  the  loss 
sustained  by  Mr.  Deaves,  whose  estate  paid  only 
ten  pence  on  the  pound  to  his  creditors,  before 
he  encountered  another  loss  of  about  forty 
thousand  dollars  by  the  failure  of  a  commercial 
house  at  Portland.  A  ship  of  theirs  consigned 
to  Mr.  Barker  was  dispatched  to  New  Orleans 
to  load  cotton  on  account  of  her  owners,  to  pay 
for  which  bills  were  to  be  drawn  on  them  or  on 
Mr.  Barker,  at  the  option  of  the  shipper ;  a  part 
was  drawn  on  each.  Mr.  Barker  intended  only 
to  bind  himself  to  honor  such  as  should  be 
drawn  on  him ;  his  letter  was  so  incautiously 
worded  that  he  was  held  liable  for  the  whole, 
although  he  had  not  any  advice  of  those  drawn 
on  the  owners,  nor  any  intimation  that  he  was 
considered  liable  therefor  until  after  the  failure. 
He  had  some  fifteen  or  eighteen  ships  decaying 
by  the  wharves  during  the  embargo  of  1807. 

Mr.  Barker  had  the  good  fortune  to  have  the 
services  of  Fitz  Green  Halleck,  esq.,  for  nearly 
twenty  years,  as  his  confidential  clerk,  when 
his  business  ceased  to  yield  him  the  power  to 
employ  others.  Mr.  Halleck  devoted  himself 
to  literary  pursuits,  in  the  expectation  that  Mr. 
Barker  would  retrieve  his  fortunes  and  have 
occasion  for  his  further  services.  Fortune  con- 
tinuing to  frown  on  Mr.  Barker's  efforts,  a 
neighboring  merchant  offered  Mr.  Halleck  em- 
ployment at  $1,500  per  annum,  which  he  named 
to  Mrs.  Barker,  when  she  inquired  if  he  would 
enter  the  service  of  another  for  the  miserable 
sum  of  $1,500.  The  reply  was,  "  No,  madam, 
it  is  the  miserable  want  of  $1,500  that  may 
tempt  me."  The  offer  was  declined,  and  he 
soon  thereafter  entered  the  employ  of  John  Ja- 
cob Astor,  with  whom  he  continued  until  the 
death  of  that  gentleman. 

On  the  great  New  York  conspiracy  trials  of 
1826,  the  public  prosecutor  called  Miss  Jarvis, 


Mr.  William  R.  Thurston,  Mr.  Halleck,  and 
many  other  friends  and  relatives  of  Mr.  Barker 
into  court  to  prove  who  his  intimates  and  asso- 
ciates were,  who  visited  his  house — in  other 
words,  with  whom  he  would  be  likely  to  confer. 
Mr.  Halleck,  with  apparent  astonishment,  re- 
peated the  question  and  answered,  "Jacob 
Barker  does  in  all  things  as  he  lists,  without 
counseling  with  any  one." 

Mr.  Barker's  confidence  in  his  own  views, 
and  on  all  subjects,  his  promptness  in  declar- 
ing those  views,  and  his  pertinacity  in  ad- 
hering to  them,  has  operated  to  his  pre- 
judice through  life  more  than  any  other 
cause  •,  however  quick  his  perception  and  sound 
his  conclusions,  he  is  too  rapid  in  advancing 
them  before  others  less  intuitive  have  had  time 
to  reflect  and  perceive  their  tendency.  Few 
men,  whether  they  be  judges,  divines,  doctors, 
lawyers  or  philosophers,  countenance  self-suffi- 
ciency in  those  who  have  not  had  the  advan- 
tage of  instruction  in  their  science. 

Most  things  require  combinations  to  effect 
great  objects,  hence  the  utility  of  party  discip- 
line, mercantile  and  religious  associations, 
banking  and  other  incorporations,  for  all  which 
Mr.  Barker's  course  of  life  indicates  that  he  felt 
himself  competeut,  relying  upon  the  intelligence 
of  the  people  to  decide  all  things  correctly, 
without  the  aid  of  artificial  combinations. 

Clear-headed  men  of  lofty  minds  are  beyond 
the  reach  of  selfish  and  narrow  consideration, 
hence  the  influence  of  Mr.  Barker's  opinions 
with  such  men  as  Madison,  Hamilton,  Arm- 
strong, Clinton,  Spencer,  and  generally  with 
the  higher  courts  of  New  York. 

The  causes  of  complaint  by  the  United 
States  against  Great  Britain  and  France  were 
equally  imposing.  The  Berlin  and  Milan  de- 
crees of  France,  and  the  orders  in  council  of 
England,  were  alike  just  causes  of  war  on  the 
part  of  the  United  States  ;  the  only  question  to 
be  considered  was  expediency. 

An  embargo  was  recommended  by  Jefferson 
and  adopted  by  Congress.  News  thereof 
reached  New  York  on  Christmas  day,  1807  ; 
the  Democratic  Club  assembled  at  Benjamin 
Cheatham's,  in  Pine  street,  on  the  evening  of 
that  day,  of  which  De  Witt  Clinton  and  Jacob 
Barker  were  members  and  both  present.  Mr. 
Clinton  on  that  occasion  broke  ground  against 
what  he  called  the  rule  of  the  ancient  domin- 


24 


LIFE   OF   JACOB   BARKER. 


ion;. said  "that  the  United  States  should  de- 
clare war  against  France  ;  that  the  finger  of 
Napoleon  was  in  the  embargo  ;  that  it  was  the 
effect  of  French  influence,  and  that  he  had  evi- 
dence thereof  in  his  pocket/'  meaning  letters 
from  members  of  Congress.  Mr.  Barker  ad- 
vanced contrary  opinions,  justifying  the  em- 
bargo. Mr.  Clinton  thereupon  became  estranged 
from  most  of  his  political  friends  in  the  city. 
He  soon  found  out  that  he  had  been  misin- 
formed. He  was  at  the  time  a  member  of  the 
New  York  Senate,  where  he  took  occasion  to 
make  a  speech  of  the  following  import: 

LEGISLATURE  OF  THE  STATE  OF  NEW 
YORK. 

In  Senate,  Tuesday,  January  31,  1809. 
MR.  CLINTON'S  SPEECH. 

"  Mr.  President  :  The  critical  situation  in 
which  the  United  States  are  placed,  assailed 
from  without  and  from  within,  menaced  on  the 
one  hand  by  foreign  violence,  and  on  the  other 
by  domestic  faction,  renders  it  the  incumbent 
duty  of  the  State  governments  to  step  forth  and 
unite  their  energies  with  those  of  the  general 
government.  At  no  period  since  the  revolution 
have  we  been  in  greater  jeopardy,  and  at  no 
period  have  harmony,  patriotism  and  exertion, 
been  more  necessary  to  ward  off  the  dangers 
with  which  we  are  menaced.  When  I  can 
plainly  perceive  a  spirit  of  faction  and  sedition 
exhibiting  itself  in  the  most  odious  light,  and 
evidently  acting  in  obedience  to  the  nod  of  a 
foreign  government,  and  that  government  at 
the  same  time  assailing  our  rights  and  tramp- 
ling on  our  honor,  I  think  it  our  duty  to  de- 
clare our  sentiments  to  the  world,  in  a  voice 
that  can  be  heard  and  understood.  I  have 
therefore  prepared  some  resolutions  which  I 
will  now  present ;  and  upon  which  I  will  detain 
the  Senate  with  a  few  remarks.  Indeed,  the 
subject  is  so  well  understood  that  I  would  have 
preferred  silence,  if  silence  were  compatible 
with  the  importance  of  the  occasion,  and  with 
the  respect  due  to  the  Senate. 

"I  shall  pass  over  the  inimical  spirit  which 
has  been  generally  evinced  by  Great  Britain 
during  Mr.  Jefferson's  administration,  her  re- 
strictions upon  our  commerce,  and  the  unjust 
decisions  of  her  admiralty  courts,  the  judges  of 
which  are  paid  in  proportion  to  the  amount  of 
their  condemnations.  Nor  will  I  particularly 
dwell  upon  the  numerous  acts  of  violence  and 
insult  which  have  been  committed  upon  our 
coasts  and  within  our  harbors.  It  has  been 
common  for  vessels  of  Great  Britain  to  station 
themselves  at  the  mouths  of  our  harbors,  to 
examine  all  vessels  entering  or  departing,  to 
capture  on  the  most  frivolous  pretexts,  and  to 
expose  us  to  all  the  evils  of  a  blockade.  An 
English  frigate  has  entered  the  port  of  New- 


York,  and  has  openly  impressed  seamen  from 
a  merchant  vessel  at  the  quarantine  ground. 
Instead  of  being  punished  by  his  government 
for  this  audacious  outrage,  it  is  said  that  the 
captain  was  promoted  to  the  command  of  a 
seventy-four.  Part  of  a  French  squadron  was 
pursued  by  a  British  fleet  within  the  jurisdic- 
tional line  of  the  United  States,  and  a  French 
seventy-four  was  burnt  on  the  coast  of  North 
Carolina.  The  murder  of  Pierce  is  fresh  in 
our  memories.  An  American  citizen,  in  the 
pursuit  of  his  ordinary  business,  and  even  when 
obeying  a  command  to  come  to,  was  murdered 
within  our  waters,  by  the  infamous  Whitby. 
At  the  time  this  atrocity  was  perpetrated,  the 
offending  vessels  were  within  a  marine  league 
of  our  coast,  and  Pierce's  vessel  was  near  the 
shore.  The  sensibility  felt  and  expressed  by 
all  parties  on  this  occasion,  excited  terror  in  the 
breast  of  the  ruthless  murderer,  and  in  a  strug- 
gle between  his  pride  and  his  fear,  he  wrote  a 
letter  to  me  as  chief  magistrate  of  the  city  of 
New  York,  attempting  to  palliate  his  enormity, 
but  at  the  same  time  criminating  the  magis- 
trates, for  the  detention  of  some  of  his  officers 
in  the  city,  (an  allegation  totally  destitute  of 
truth,)  and  breathing  insult  and  menace.  The 
conduct  of  Whitby  was  represented  to  the 
President.  A  formal  complaint  was  made  to 
the  British  ministry.  A  court  martial  was  in- 
stituted. Witnesses  were  sent  over  to  England 
at  a  great  expense,  who  fully  substantiated  the 
charges  against  him.  The  court  acquitted  him, 
and  his  sword  was  restored  to  him  with  a  com- 
plimentary speech  from  the  presiding  officer. 
This  mock  trial,  by  a  packed  court,  was  more 
insulting  than  no  trial  at  all,  and  one  of  the 
most  atrocious  crimes  that  man  can  perpetrate 
against  man,  one  of  the  most  insufferable  in- 
sults that  nation  can  commit  against  nation,  is 
to  this  day  unpunished  and  unexpiated.  The 
President  of  the  United  States,  on  this  occa- 
sion, issued  his  proclamation,  interdicting  the 
offending  vessels  from  the  rights  of  hospitality. 
One  of  them,  the  Driver,  afterwards  proceeded 
to  the  port  of  Charleston,  and  the  captain  there 
refused  to  comply  with  the  injunctions  of  our 
government  in  terms  of  insolence  and  defiance, 
and  compared  our  national  chief  magistrate  to 
one  of  the  petty  despots  of  the  Barbary  coast. 

"But  the  great  subject  of  controversy  be- 
tween the  two  governments  is  the  impressment 
of  seamen  from  American  vessels.  The  right 
of  impressment  involves  the  right  of  search, 
and  the  right  of  search  extends  by  the  law  of 
nations  to  two  cases  only,  contraband  articles 
and  enemy's  property.  The  latter  is  even  a 
doubtful  point.  The  great  object  of  the  armed 
neutrality  formed  by  the  empress  of  Russia 
was  to  assert  and  maintain  the  doctrine  that 
free  ships  make  free  goods.  But  as  this  point 
has  been  conceded  when  General  Washington 
was  President,  and  Mr.  Jefferson  Secretary  of 
State,  it  will  not  be  proper  to  discuss  our  claims 
on  this  occasion.     But  there  is  no  law  in  the 


SPEECH   OF  MR.   CLINTON. 


25 


code  of  nations,  which  authorizes  a  search  and 
an  impressment  of  seamen  on  board  of  neutral 
vessels.  This  is  an  odious  extension  of  a  sys- 
tem of  domestic  tyranny  to  the  citizens  of  for- 
eign nations.  The  right  to  impress  British 
eubjects  on  British  territory  has  been  seriously 
doubted,  and  is  extenuated  only  on  the  ground 
of  necessity — the  tyrant's  plea.  To  apply  this 
assumed  right,  so  questionable  as  it  respects 
their  own  subjects  or  territories,  to  the  citizens 
and  vessels  of  foreign  governments,  is  an  exe- 
crable encroachment  on  the  independence  and 
rights  of  nations.  The  mode  in  which  it  is 
exercised  is  calculated  to  produce  the  greatest 
oppression.  A  merchant  vessel  is  detained  on 
the  highway  of  nations.  A  lieutenant  or  some 
petty  officer  is  sent  on  board,  the  sailors  are 
mustered  on  deck,  and  the  slave  of  despotism 
selects  his  victims  without  respecting  the 
claims  of  citizenship,  the  demands  of  justice, 
or  the  prayers  and  supplications  of  the  kneel- 
ing, friendless  sailor.  All  he  regards  are 
physical  ability  and  nautical  dexterity.  Thus 
an  ignorant,  prejudiced  and  interested  instru- 
ment of  tyranny  is  constituted  a  judge  in  our 
own  jurisdiction,  (for  I  contend  that  we  have 
complete  jurisdiction  on  board  our  vessels  on 
the  high  seas.)  to  determine  on  the  citizenship 
of  Americans,  to  decide  whether  our  brave  tars 
shall  be  slaves  of  the  worst  kind,  or  continue 
freemen.  The  practice  partook  of  the  charac- 
ter and  nature  of  the  preteusion  j  and  on  every 
sea,  and  in  every  harbor,  American  citizens 
were  wrested  from  their  ships  by  force,  incar- 
cerated on  board  foreign  vessels,  torn  from 
their  family  and  country,  and  compelled,  not 
only  to  endure  more  than  Egyptian  bondage, 
but  also  to  fight  the  battles  of  the  very  tyrant 
who  enslaved  them.  The  supplications  of  our 
unfortunate  seamen  reached  the  government 
from  every  quarter  of  the  globe,  and  every 
gazette  was  filled  with  melancholy  accounts  of 
their  sufferings.  Our  administration,  ever  at- 
tentive to  the  interests  of  their  country,  have 
not  failed  to  call  the  attention  of  the  British 
ministry  to  this  subject,  to  protest  against  their 
usurpation,  to  demand  redress,  and  insist  upon 
a  relinquishment  of  their  pretended  right. 
After  many  difficulties  and  great  efforts,  the 
British  ministry  evinced  a  disposition  to  relax, 
and  in  verbal  conference  it  was  at  one  time 
agreed  between  Mr.  King  and  Lord  Hawkes- 
bury,  that  Great  Britain  should  not  exercise 
her  pretended  right  of  impressment  on  the  high 
seas.  Had  this  modification  been  observed, 
although  not  entirely  satisfactory,  yet  it  would 
have  been  gaining  a  great  deal,  and  would 
have  served  as  a  preliminary  step  to  a  total 
abolition  of  the  practice.  Before  the  articles 
of  the  contemplated  treaty  were  reduced  to 
form,  however,  unexpected  difficulties  were 
raised — the  omnipotence  of  the  British  navy 
might  be  affected.  And  to  enable  Great  Brit- 
ain to  back  out  of  the  negotiation  with  some 


appearance  of  decency,  a  reservation  of  the 
right  within  the  four  seas,  and  an  implicit 
acknowledgment  of  her  exclusive  dominion  to 
that  extent  was  set  up  and  made  a  sine  qva 
non,  on  the  part  of  Great  Britain.  This  broke 
off  the  negotiation,  and  our  seamen  continued 
exposed  to  vexation,  to  unrighteous  imprison- 
ment, and  to  every  indignity  and  injustice — 
"hewers  of  wood  and  drawers  of  water,"  the 
mere  slaves  of  British  oppression. 

"Messrs.  Munroe  and  Pinkney,  our  ministers 
at  London,  found  that  this  usurpation  was  the 
great  stumbling-block  in  the  way  of  a  renewal 
and  arrangement  of  a  treaty  with  Great  Brit- 
ain. With  dispositions  by  no  means  unfriendly 
to  this  country,  the  administration  of  Mr.  Fox 
were  still  unwilling  to  abandon  the  pretension, 
and  after  much  difficulty,  it  was  finally  agreed 
that  every  obstacle  in  the  power  of  the  ministry 
should  be  interposed  against  practical  oppres- 
sion. And  the  treaty  was  accompanied  by  a 
written  declaration  of  the  British  ministers,  of 
a  right  reserved,  to  violate  it,  with  a  view  to 
retaliation  upon  France.  This  unsatisfactory 
provision  for  the  protection  of  our  seamen,  and 
this  unprecedented  declaration  that  the  treaty 
should  be  obligatory  on  us  at  all  times,  and 
should  only  be  binding  on  Great  Britain  when 
she  did  not  see  fit  to  assert  the  law  of  retali- 
ation, rendered  its  ratification  impossible.  And 
the  sending  it  back  unratified,  with  a  view  to 
the  renewal  of  the  negotiation,  could  not  be 
considered  as  offensive  to  Great  Britain,  be- 
cause our  ministers,  at  the  formation  of  the 
treaty,  assured  her  ministers  that  they  exceed- 
ed their  instructions,  and  did  not  consider  their 
government  committed  to  sanction  the  ar- 
rangement. With  every  disposition  to  benefit 
their  country,  with  talents  adequate  her  rights, 
and  after  the  most  earnest  and  commendable 
exertions,  after  having  exhausted  every  argu- 
ment, and  after  having  appealed  in  the  most 
powerful  manner  to  her  interests  and  her  sense 
of  justice,  all  that  our  ministers  could  obtain 
from  Great  Britain  was  an  empty  declaration  in 
favor  of  the  rights  of  our  seamen,  which,  how- 
ever plausible  on  paper,  would,  in  fact,  have 
been  no  barrier  against  the  most  enormous  op- 
pression. Small  as  our  confidence  was  in  the 
justice  of  Great  Britain,  particularly  after  the 
establishment  of  the  present  ministry,  which  is 
composed  of  the  understrappers  and  disciples 
of  Pitt,  Dundas,  and  Jenkinson,  the  decided 
foes  of  America,  and  as  humble  in  talents  as 
they  are  destitute  of  integrity,  still  it  was  not 
dreamed  that  an  act  so  atrocious  in  its  charac- 
ter, so  unauthorized  in  its  principle,  so  unpre- 
cedented in  the  annals  of  nations,  and  so 
alarming  to  the  world,  as  the  attack  on  the 
Chesapeake,  could  be  committed.  The  nature 
of  this  outrage  is  well  understood.  It  has 
commanded  the  attention  and  excited  the  in- 
dignation of  every  American.  An  American 
ship  of  war  was  detained  on  the  ocean,  under 


26 


LIFE   OP  JACOB   BARKER. 


the  pretence  of  the  right  of  searching  for  de- 
serters, was  attacked,  and  was  overpowered  by 
a  British  armed  vessel,  the  lives  of  American 
citizens  destroyed,  her  crew  was  mustered  on 
deck,  and  some  of  them  impressed  and  forcibly 
dragged  away,  and  to   complete  the  inhuman 
catastrophe,  one  or  more  murdered  under  the 
forms  of  justice.     When  this  event  was   an- 
nounced, but  one  emotion  thrilled  the  bosoms 
of  our  citizens.     Those  of  New  York,  of  all 
parties,  laying  aside  their  differences,  assembled 
together,  and  in   the  face  of  day,  and  in  the 
presence  of  their  God,  pledged  themselves  to 
support  the  government  in  all  measures  that 
might  be   adopted  to  vindicate  our  national 
honor   and   to  maintain   our  rights.     Similar 
declarations  were  made  in  all  parts  of  the  Uni- 
ted States.     All  America  appeared  as  if  ani- 
mated with  but  one  feeling,  as  expressing  one 
voice,  and  tendering  an  united  and  energetic 
support  to  the  government.      Would  to   God 
that  these  sentiments  and  feelings  had  contin- 
ued in  force  to  this  day.     If  they  had,  the  storm 
which  now  threatens  our  country  would  prob- 
ably have  passed  by.     If  our  national  govern- 
ment were  actuated  by  that  hostility  to  Great 
Britain  and  that  partiality  to  France    which 
have   been  so  unjustly  ascribed  to  them,  this 
would  have  been  a  period  peculiarly  favorable 
to   promote  their  views,  to  wreak  their   ven- 
geance,   and   to   gratify   their   prepossessions. 
An  immediate  convocation  of  Congress  at  this 
time,  when  the  public  sensibility  was  so  strongly 
excited,  might  have  resulted  in  a  declaration  of 
war.     The  President,  desirous   of  maintaining 
a  friendly  position    with  Great    Britain,   and 
averse  to  close  the  door  to  conciliation,   pre- 
ferred the  path  of  negotiation.     Our  ministers 
were  instructed  to  demand  atonement  for  this 
signal  aggression,  and  as  it  had  grown  out  of 
the  pretended  right  of  search  and  impressment, 
and  as  the  calamities  of  our  seamen  were  con- 
tinually increasing,  they  were   instructed    to 
strike  at  the  root  of  the  evil,  and  to  connect 
that  usurpation  with  the  institution  and  man- 
agement of  the  negotiation.     This  mode  was 
opposed   by  Mr.    Canning   at   the    threshold. 
His   correspondence    with   our   ministers    was 
characterized   by  arrogant  severity,  and   they 
were  given  to  understand   that  a   minister  ex- 
traordinary would  be  sent  to  this  country  to 
tender  an  adequate  reparation.     Great  Britain 
had  then  a  minister  in  this  country,  who  might 
have  been  instructed  to  make  the    necessary 
explanations,  without  the  pomp  and  pageantry 
of  a  special  mission.     But  it  seems  that  views 
far  different  from  friendly  ones  were  in  agita- 
tion.    Mr.  Erskine,  the  resident  minister,  was 
the  son  of  the   ejected  lord   high  chancellor. 
He  would  not  perhaps  be  as  suitable,  as  trusty 
and  as  confidential  an  instrument,  to  be  initia- 
ted in  the  arcana  of  ministerial  policy  as  the 
son  of  old  George  Rose,  the  unblushing  advo- 
cate of  corruption,  and  the  ready  prostitute  of 


any  ministry  that  would  employ  him  in  any 
work  however  dirty  or  despicable.     The  con- 
duct of  the   envoy  extraordinary  was   corres- 
pondent with  the  character  and  the  views  of  hia 
constituents.     It  demonstrated  that  he  was  not 
sent  here  to   furnish  redress    and    maintain 
peace,  but  that  he  was  commissioned  to  dis- 
grace our  government  by  his  Maehiavelian  arts, 
to  embarrass  the  operations  of  our  administra- 
tion, to  foster  the  spirit  of  discontent,  to  dis- 
pense the  ailment  of  faction,  to  cherish  a  Brit- 
ish party  in  this   country,  and  to  spy  out  the 
nakedness  of  the  land.      His  arrival   on  our 
coast,  and  before  he  set  his  foot  on  our  shores, 
was  marked  with  a  haughty  air,  and  his  affected 
scruples  about  landing  until  certain  formalities 
were  complied  with,  too  palpably  exhibited  the 
spirit  and  the  future  course  of  his   mission. 
The  national  government,  in  order  to  evince 
their  sincere  disposition  to  maintain  the  rela- 
tions of  amity  with  Great  Britain,  consented  at 
once,  with  great  frankness  and  cordiality,  to 
remove  the  obstacle  which  had  taken  place  in 
Europe,  and  to  confine  the  negotiations  to  the 
attack  on  the  Chesapeake.     But  here  an  unex- 
pected demand  was  made  by  Mr.  Rose,  which 
demonstrated  the  most  unfriendly  disposition, 
and  a  settled  and  inveterate  design,  either  to 
disgrace  our  government,   or   to   preclude  all 
hope  of  amicable  adjustment.     When  the  at- 
tack was  made  upon  the  Chesapeake,  the  Presi- 
dent had  issued  a  proclamation,  as  authorized  by 
an  act  of  Congress,  to  prohibit  all  British  armed 
vessels  from  entering  the  waters  of  the  United 
States  and  partaking  of  the  national  hospitality. 
"  And  here  I  would  observe  that,  by  the  law 
of  nations  no  army  has  a  right  to  enter  or  pass 
through  the  territory  of  another  government 
without  permission,  and  this  is  ever  considered 
a  matter  of  courtesy  or  indulgence,  and  by  no 
means  a  question  of  right.     The  same  rule  is  in 
strictness  applicable  to  naval  armaments,  and 
under  the  law  of  nations  no  armed  ship  has  a 
right  to  enter  the  ports  of  a  foreign   country 
without  leave  of  the  sovereign,  unless  in  stress 
of  weather  or  to  avoid  the  pursuit  of  an  enemy. 
As  our  treaty  with  Great  Britain  had  expired, 
she  had  upon  general  principles   no  right  to 
complain,  unless  a  different  system  to  a  nation 
hostile  to  her  should  indicate  partiality.     And 
here  the  charge  of  partiality  must  fall,  because 
it   is   not  alleged   that   the   armed   vessels  of 
France  had  insulted  our  government,  murdered 
our  citizens,  or  trampled  on  our  independence, 
and  therefore  a  similar  rule  applied  to  them 
would   have   been    unjust  and  unmerited.     A 
peremptory  demand  to  revoke  that  proclama- 
tion was  made,  and  this,  too,  before  any  repar- 
ation was  offered  for  the  insult  on  the  Chesa- 
peake.    Thus  a  measure,  flowing  from  an  ag- 
gression, was  to  have  been  rescinded  before  the 
cause  to  which  it  was  an  effect  was  removed, 
precisely  reversing  the  order  of  events,  and  re- 
quiring  the   injured   party  to  make  the  first 


SPEECH   OF   MR.   CLINTON. 


27 


apology  to  the  aggressor.  In  vain  was  it  urged 
by  our  government  that  the  proclamation  was 
a  preventative,  not  a  remedy  ;  a  precaution,  not 
a  punishment,  and  that  until  it  was  shown  by 
an  adequate  reparation  that  the  injury  should 
not  recur,  it  was  proper  that  the  precaution 
should  continue.  Mr.  Rose  was  inexorable. 
In  order  to  test  the  sincerity  of  his  constituents, 
and  to  silence  every  pretext  for  standing  out, 
our  government  made  overtures  the  most  fair 
and  conciliatory  that  could  possibly  be  devised. 
It  was  proposed  that  the  revocation  of  the  pro- 
clamation, and  the  tender  and  acceptance  of 
an  adequate  expiation,  should  be  concurrent 
and  contemporaneous.  This  unexceptionable 
proposition  was  rejected,  and  thus  terminated 
the  mission  of  Mr.  Rose.  Will  it  be  believed 
that  any  man  in  America  would  have  the  un- 
blushing effrontery  to  criminate  the  conduct  of 
our  government  in  the  management  of  this  ne- 
gotiation ?  And  yet,  I  cannot  mention  it  with- 
out feelings  of  inexpressible  regret,  the  legisla- 
ture of  Massachusetts,  of  Massachusetts,  the 
cradle  of  the  revolution,  have  come  forward 
and  have  condescended  to  array  themselves  on 
this  subject  in  favor  of  a  foreign  government 
against  that  of  their  country.  To  aggravate 
the  injuries  we  had  already  received,  and  to 
exasperate  our  feelings,  the  king  of  Great 
Britain  issued  a  proclamation  about  this  time, 
under  pretence  of  calling  his  subjects  from  for- 
eign service,  but  evidently  with  a  view  to  assert 
the  right  of  search  and  imprisonment,  and  to 
evince  his  determination  never  to  relinquish  it. 
This  right  is  declared  in  the  most  broad  and 
unequivocal  terms  to  exist  and  to  apply  to 
merchant  vessels,  and  it  is  indeed  disclaimed 
with  respect  to  national  ships,  a  case  to  which 
it  never  was  intended  to  apply  till  the  occur- 
rence of  the  Chesapeake. 

"To  persons  acquainted  with  the  character  of 
the  British  ministry,  this  unfriendly  disposition 
was  the  undoubted  harbinger  of  an  approach- 
ing tempest.  Whether  it  would  burst  in  an 
attempt  on  our  seaport  towns,  or  in  a  general 
destruction  of  our  commerce,  was  uncertain. 
It  was  well  known  that  the  November  orders  of 
1793,  the  prototype  of  those  of  November,  1807, 
were  issued  in  secret,  and  were  only  promul- 
gated on  the  capture  of  an  immense  number  of 
our  vessels,  and  that  this  piratical  conduct  pro- 
duced the  embargo  under  General  Washing- 
ton. And  it  was  again  apprehended  that  a 
similar  step  might  be  taken  to  destroy  the  only 
commercial  rival  which  her  rapacity  had  left 
among  the  nations  of  the  earth.  The  event 
corresponded  with  the  anticipation,  and  the 
orders  in  council,  in  which  the  elements  of  ra- 
pine were  combined  into  a  system,  and  by 
which  robbery  and  piracy  were  embodied  in  the 
code  of  British  morality,  were  issued.  It  is 
well  known  that  these  orders  excluded  us  from 
all  communication  with  France,  her  allies  and 
dependencies,  which  included  almost  the  whole 


of  Europe,  and  that  the  only  mode  in  which 
any  intercourse  could  take  place  was  by  first 
paying  tribute  in  the  shape  of  duties.  The  im- 
mense naval  force  of  Great  Britain  enabled  her 
effectually  to  execute  these  edicts.  The  pre- 
tences she  used  to  justify  this  outrage,  that  thig 
system  was  necessary  to  retaliate  on  France, 
and  our  acquiescence  in  the  decrees  of  the  lat- 
ter, were  unjust  and  untenable.  1st.  The  Ber- 
lin decree,  declaring  the  British  isles  in  a  state 
of  blockade,  had  been  officially  expounded  and 
declared  not  to  extend  to  this  country,  which 
was  excepted  by  treaty  from  operation.  2dly. 
The  first  instance  of  the  infraction  of  the  treaty, 
which  was  the  case  of  the  Horizon,  had  not 
reached  this  country  so  as  to  enable  us  to  take 
ground  against  the  unjust  proceeding  when  the 
orders  in  council  were  issued.  3d.  Mr.  Can- 
ning has  admitted  that  the  orders  in  council  of 
November,  1807,  were  only  a  ramification  of 
those  of  7th  January,  1807,  which  prohibited 
neutral  nations  from  trading  from  port  to  port 
of  an  enemy,  and  that  they  proceeded  on  the 
same  ground  and  were  justified  on  the  same 
principles.  The  Berlin  decree  was  issued  on 
the  21st  November,  1806,  and  it  was  impossible 
for  us  to  resist  its  execution  in  any  shape  be- 
fore the  British  orders  of  7th  January,  1807, 
were  promulgated.  4th.  The  only  solid  apolo- 
gy for  these  outrages  on  the  part  of  Great  Brit- 
ain is  the  plea  of  necessity,  and  this  did  not 
exist  in  any  shape  whatever,  as  is  expressly  ad- 
mitted by  Mr.  Canning,  in  his  last  letter  to 
Mr.  Pinkney,  wherein  he  vaunts  of  the  power  of 
Great  Britain,  and  her  having  broken  into  atom3 
and  totally  destroyed  the  hostile  plans  of  France. 
"The  extension  of  the  Milan  decree  to  us  by 
the  French  courts  of  prizes,  and  the  audacious 
letter  of  Champagny  to  our  minister,  wherein 
he  attempts  to  hector  us  into  the  plans  of 
France,  evinced  the  blind,  indiscriminating 
fury  of  a  military  despot,  who,  in  the  execution 
of  his  vengeance,  and  in  the  destruction  of  his 
enemy,  has  no  respect  for  the  rights  of  inde- 
pendence or  the  claims  of  neutrality.  It  was 
therefore  to  be  expected  that  French  decrees 
would  follow  on  the  heels  of  British  orders,  and 
that  neutral  commerce  would  be  banished  from 
the  world.  The  Milan  decree  was  issued  on 
the  7th  December  following.  It  denational- 
ized all  vessels  which  should  have  submitted 
to  the  British  orders,  or  which  had  been  un- 
happily subjected  to  their  operation.  This  de- 
cree was  followed  by  the  burning  and  capture 
of  several  of  our  vessels.  Between  French  vio- 
lence on  the  one  hand,  and  British  rapacity  on 
the  other,  our  commerce  was  swept  from  the 
ocean.  Evils  assailed  us  from  all  sides.  The 
tyrant  of  the  ocean  and  the  tyrant  of  the  east- 
ern hemisphere  had  aimed  a  deadly  blow  at  all 
neutral  commerce,  and  we  (I  intend  no  profane 
allusion)  were  crucified  between  two  thieves. 
When  these  congregated  storms,  black  with  the 
elements  of  destruction,  were  rolling  towards 


28 


LIFE   OP  JACOB   BARKER. 


our  happy  shores  from  the  other  side  of  the  At- 
lantic, and  before  the  thunderbolt  could  burst 
Upon  its  destined  object,  the  national  adminis- 
tration, who  had  watched  with  anxiety  the  ap- 
proach of  the  tempest,  had  taken  measures  to 
guard  against  its  fury.  The  embargo  was  re- 
commended to  Congress  and  immediately 
adopted.  This  great  precautionary  measure, 
which  had  been  adopted  by  Washington  in  a 
similar  juncture,  was  the  only  one  which  could 
protect  our  commerce  from  total  destruction. 
It  has  accordingly  saved  more  property  to  this 
country  than  would  satisfy  our  whole  national 
debt,  and  the  expense  of  three  years'  war,  be- 
sides preserving  our  national  honor  from  hu- 
miliation, and  our  independence  from  insult.  I 
call  it  a  great  precautionary  measure,  because 
I  have  always  considered  it  in  that  light.  It 
was  recommended  by  the  President  with  this 
view.  It  was  with  this  view  adopted  by  Con- 
gress, and  as  such  it  was  announced  to  the  bel- 
ligerent nations.  Its  coercive  quality  was  a 
mere  incident,  subordinate  to  and  which  might 
flow  from  its  principle.  A  diversity  of  opinion 
has  arisen  as  to  the  duration  of  this  precaution, 
but  none  scarcely  ever  existed  as  to  the  pro- 
priety of  its  institution. 

"In  the  mean  time  our  government  urged  the 
most  animated  and  able  remonstrances  against 
these  combined  systems  of  oppression.  Pro- 
positions the  most  just  and  equitable  that  the 
wit  of  man  could  devise  were  made  to  both  the 
offenders.  It  was  supposed  that  Great  Britain 
particularly,  who  annually  sent  to  this  country 
12,000,000  sterling  of  British  manufactures, 
who  obtained  from  us  some  of  the  most  import- 
ant materials  for  her  fabrics,  and  whose  impo- 
litic measures  had  driven  from  her  her  best  and 
most  profitable  customer,  would  be  willing  to 
eucourage  an  arrangement  that  would  exclude 
even  the  pretext  of  complaint.  It  was  accord- 
ingly proposed  that  the  British  orders  of  coun- 
cil should  be  rescinded  as  they  respected  this 
country,  and  that  the  embargo  should  be  re- 
pealed as  it  respected  Great  Britain,  and  main- 
tained against  France,  if  France  should  persist 
in  her  aggressions  upon  the  law  of  nations. 
Every  professed  purpose  of  Great  Britain  would 
be  fully  realised  by  this  arrangement.  The 
embargo  in  relation  to  our  commerce  with 
France,  her  allies  and  dependencies,  would 
have  the  same  operation  as  the  orders  of  coun- 
cil. This  overture  was  rejected  with  insult  by 
the  British  ministry;  and  a  similar  one  made 
to  France  was,  if  possible,  treated  with  more 
indignity,  by  being  passed  over  in  contemptu- 
ous silence. 

"This  result  demonstrated,  if  any  doubt  could 
have  existed  before,  that  the  belligerents  were 
entirely  deaf  to  the  voice  of  justice.  That  in 
their  plans  of  exterminating  each  other  they 
had  no  regard  to  the  rights  of  unoffending  na- 
tions. I  entirely  disclaim  all  partialities  to 
France  or  Great  Britain.     I  consider  the  men 


who  preside  over  their  destinies  as  equally  in- 
imical to  the  rights  and  interests  of  humanity. 
But  in  their  conduct  to  us,  I  consider  Great 
Britain  the  most  criminal.  The  decrees  of 
France  are  not  backed  by  a  great  naval  force; 
whereas  Great  Britain  is  mistress  of  the  waters 
of  the  world,  the  possessor  of  the  trident  of  the 
ocean, audi  think  I  perceive  in  the  whole  course 
of  her  measures  a  settled,  systematic,  deliberate 
plan  of  crippling  our  commerce,  and  of  destroy- 
ing our  national  importance.  To  repel  the  ag- 
gressions of  France  is  her  ostensible  object,  but 
the  real  cause  is  to  be  found  in  her  hatred  and 
jealousy.  Two  centuries  have  scarcely  elapsed 
since  the  discovery  of  this  country,  and  but 
thirty-two  years  since  our  national  independ- 
ence. The  history  of  mankind  cannot  produce 
a  parallel  instance  of  such  rapid  and  extensive 
prosperity. 

"Next  to  Great  Britain  we  have  the  greatest 
commerce,  next  to  her  the  most  shipping,  and 
our  neutral  position  amidst  the  wars  and  con- 
vulsions of  Europe  had  given  us  the  carrying 
trade  of  the  world.  Her  ship-holders,  her  West 
India  planters  and  traders,  her  East  India  Com- 
pany and  her  navy,  have  raised  the  voice  of 
murmuring  and  complaint  against  us.  They 
view  our  extensive  commerce  with  envy,  our  in- 
creasing opulence  with  jealousy,  and  our  grow- 
ing power  with  fear  and  terror.  The  hatred 
which  grew  out  of  the  revolution  has  not  yet 
subsided :  it  still  rankles  in  the  bosom  of  the 
maniac  on  the  throne,  and  the  secret  influence 
which  has  encircled  and  controlled  him  from 
his  coronation  to  the  present  time,  and  which 
has  elevated  the  Cannings,  the  Hawkesburys, 
the  Percivals  and  the  Castlereaghs,  the  ephem- 
eral statesmen  of  the  day,  still  perpetuates  the 
chagrin  and  still  cherishes  the  deadly  resent- 
ments which  sprung  from  our  national  inde- 
pendence. The  idea  of  extorting  tribute  from 
neutral  commerce,  under  the  form  of  duty,  ex- 
isted before  the  Berlin  decree,  and  was  zeal- 
ously inculcated  some  years  ago  in  ministerial 
publications.  It  is  the  offspring  of  deep  delib- 
ration  and  of  many  years  consultation.  The 
ministers  who  have  imposed  it  owe  no  small 
portion  of  their  popularity  to  their  presumed 
hostility  and  violent  measures  against  this 
country.  The  gasconading  of  the  infamous 
Cobbett,  who  glories  in  the  idea  of  Copenhagen- 
izing  New  York,  and  of  burying  us  under  the 
ruins  of  our  cities,  is  received  with  peals  of  ap- 
probation ;  and  his  scurrility  against  this  coun- 
try, his  envenomed  abuse  of  its  governments, 
its  institutions  and  its  inhabitants,  have,  to- 
gether with  his  great  ability  as  a  writer,  con- 
tributed in  no  inconsiderable  degree  to  give 
him  an  absolute  control  ever  the  public  senti- 
ment of  Great  Britain. 

"In  this  critical  situation  are  we  placed  by 
the  belligerent  nations ;  we  have  our  election 
of  evils:  prostration  on  our  knees  for  mercy, 
abject  submission  and  disgraceful  vassalage,  or 


SPEECH   OP   MR.   CLINTON. 


a  manly  assertion  of  our  rights.  The  olive 
branch  has  been  tendered  for  the  last  time,  our 
vessels  have  for  the  last  time  been  dispatched 
on  a  mission  of  peace.  The  measures  of  pre- 
caution will  probably  be  superseded  by  meas- 
ures of  coercion,  and  our  rights  must  be  en- 
forced at  the  point  of  the  bayonet,  and  by  the 
thunder  of  our  ordnance.  This  controversy  is 
not  the  strife  of  personal  ambition,  a  contest 
between  rival  parties,  but  it  is  a  controversy 
which  involves  the  vital  principles,  the  first 
elements  of  our  national  rights  and  prosperity. 
It  is  not  a  question  of  policy  with  regard  to 
ourselves,  but  of  national  policy  in  respect  to 
foreign  nations.  It  is  a  question  between  our 
nation  and  foreign  nations,  between  our  gov- 
ernment and  foreign  governments.  We  should 
therefore  suppose  that  on  this  occasion  party 
spirit  would  be  merged  in  love  of  country,  that 
the  voice  of  faction  would  be  silenced,  and  its 
arm  unnerved  and  withered;  that  there  would 
be  no  other  dispute  than  who  should  most  ef- 
fectually serve  his  country;  that  America 
would  exhibit  her  children  in  a  Macedonian 
phalanx,  presenting  an  impenetrable  shield  to 
future  outrage,  and  evincing  that  they  inher- 
ited the  determination  of  their  forefathers,  to 
perish  rather  than  submit  to  insult  and  dis- 
honor. Alas!  these  anticipations  are  proved 
to  be  vain  and  idle. 

I  wish  to  be  distinctly  and  explicitly  under- 
stood that  what  I  now  say  is  not  intended  to 
criminate  any  body,  description  or  party  of  our 
fellow  citizens.  I  believe  that  virtue  and  vice, 
wisdom  and  folly,  are  generally  distributed 
among  parties  in  proportion  to  their  relative 
strength  and  numbers.  I  believe  that  the 
great  body  of  every  party  mean  to  do  right,  and 
I  fully  accord  with  a  celebrated  writer,  that  the 
people  are  never  wrong  in  their  sentiments,  in 
their  opinions  often.  But  I  do  not  mean  to  ex- 
empt from  censure  the  desperate  leaders  of  a 
profligate  conspiracy  against  the  good  of  our 
country,  who  at  this  all  important  period  are 
scattering  the  firebrands  of  civil  discord 
through  the  United  States.  The  opposition 
now  excited  is  not  an  ordinary  opposition.  It 
does  not  merely  aim  a  blow  at  a  rival  party, 
nor  is  it  confined  to  the  destruction  of  a  prom- 
inent individual.  It  takes  a  more  daring  and 
adventurous  stand.  It  bids  defiance  to  our 
laws,  and  threatens  the  dissolution  of  the  Union. 
It  is,  perhaps,  known  to  but  few,  that  the  pro- 
ject of  a  dismemberment  of  this  country  is  not 
a  novel  plan,  growing  out  of  the  recent  meas- 
ures of  the  government,  as  has  been  pretended. 
It  has  been  cherished  by  a  number  of  individ- 
uals for  a  series  of  years,  and  a  few  months 
before  the  death  of  a  distinguished  citizen, 
whose  decease  so  deeply  excited  the  public 
sensibility,  it  was  proposed  to  him  to  enlist  his 
great  talents,  in  the  promotion  of  this  nefarious 
scheme,  and  to  his  honor  be  it  spoken,  it  was 
rejected  by  him  with  abhorrence  and  disdain. 


Some  of  the  newspapers  of  New  England  have 
at  various  times  inculcated  the  treasonable 
doctrine  in  elaborate  esssays,  and  the  match 
appears  to  be  now  lighted  to  produce  an  explo- 
sion which  will  overwhelm  us  with  all  the  hor- 
rors of  civil  war.  It  cannot  be  necessary,  sir, 
to  expatiate  on  the  calamities  which  will  result 
from  a  severance  of  the  Union.  I  cannot  pic- 
ture to  my  imagination  a  greater  evil.  It  will 
be  the  opening  of  Pandora's  box ;  partial  con- 
federacies arrayed  in  hostile  form  against  each 
other;  foreign  influences  infused  into  the  very 
heart  of  the  body  politic  ;  injurious  restrictions 
and  vexatious  regulations  on  commerce  and 
intercourse,  standing  armies,  civil  wars,  mili- 
tary despotism.  Such,  sir,  will  be  the  deplora- 
ble situation  of  our  country ;  and  this  State 
particularly,  whichever  way  she  turns,  will 
be  a  bordering  State,  and  exposed  to  the  great- 
est injury.  If  she  remains  true  to  the  western, 
southern  and  middle  States,  she  will  be  bound- 
ed by  three  of  the  States  of  the  eastern  confed- 
eracy. If  she  joins  the  eastern  factionists,  she 
will  border  on  some  of  the  southern  confedera- 
tion. Our  commercial  emporium,  the  great 
depot  of  the  commodities  and  trade  of  more 
than  one-half  of  the  United  States,  and  the 
greatest  mart  of  foreign  commerce,  will  be 
exposed  to  plunder  and  contribution.  The 
narrow  tongue  of  land  which  runs  up  from  the 
southern  extremity  of  the  State,  will  be  liable 
at  all  times  to  be  overrun  by  a  superior  hostile 
force.  And  after  having  travelled  thi'ough  a 
sea  of  blood,  some  daring  adventurer,  some 
Cassar,  some  Cromwell,  or  some  Bonaparte, 
will  seize  the  government  by  force,  and  reduce 
us  and  our  posterity  to  slavery.  My  blood 
freezes  with  horror,  and  every  feeling  of  my 
heart  revolts  at  the  dreadful  prospect.  May 
God  in  his  infinite  mercy  avert  these  disasters 
from  our  beloved  country.  Should  that  direful 
time  ever  occur,  our  sky  will  be  enshrouded  in 
clouds  and  darkness,  and  the  sun  of  American 
glory  will  set  forever. 

"  Look,  sir,  at  the  storm  which  is  gathering 
in  the  east,  its  clouds  are  black,  heavy  and 
portentous.  Look  at  the  resolves  of  several  of 
the  towns,  and  even  of  the  capital  of  Massachu- 
setts. Observe  the  disorganizing,  Jacobinical, 
seditious  and  traitorous  spirit  which  prevades 
them.  The  legislatures  of  the  different  States 
are  invited  to  array  themselves  against  the 
general  government.  The  very  men  who  a  few 
years  since  were  the  strenuous  advocates  for 
melting  down  the  State  governments,  for  a 
strong  national  executive,  that  would  maintain 
the  union  of  the  States,  for  an  energetic,  ab- 
sorbing national  government  that  would  con- 
trol and  regulate  the  centrifugal  force  of  the 
local  governments ;  these  men  are  now  the 
warm  partizans  of  State  supremacy,  the  devo- 
ted friends  of  the  State  legislatures.  The  reso- 
lutions of  Boston  are  more  seditious  and  repre- 
hensible than  any  that  were  passed  at  the  time 


30 


LIFE   OP  JACOB   BARKER. 


of  the  western  insurrection  in  Pennsylvania, 
and  they  are  certainly  intended  to  infuse  a 
spirit  of  treason  into  the  proceedings  of  the 
State  legislature.  We  are  told  that  a  special 
session  of  the  legislature  of  Connecticut  is  to 
be  had.  Is  this  a  link  of  the  same  chain?  Is 
this  a  part  of  a  system  of  severence  ?  Is  this 
the  commencement  of  the  northern  confederacy 
which  was  threatened  last  summer  ?  It  is  time, 
it  is  high  time,  that  this  great  State  should 
come  forth  in  all  her  strength,  and  exhibit  a 
decided  front,  and  an  erect  attitude  in  favor  of 
the  violated  majesty  of  the  laws,  it  should 
frown  into  nothing  the  Catalines  and  the  Bor- 
gia's of  our  country ;  it  should  let  the  eastern 
States  know  at  once  that  they  have  nothing  to 
expect  from  us  but  decided  opposition  to  a  dis- 
memberment of  the  Union.  I  trust  in  God, 
sir,  that  a  majority,  a  great,  a  commanding 
majority  of  our  eastern  brethren  will  be  found 
faithful  to  themselves,  to  their  country,  and  to 
posterity.  I  cannot  believe  that  a  people  so 
intelligent,  so  patriotic,  so  pure  in  morals,  and 
a  people  who  have  been  the  first  in  the  ranks 
of  liberty  and  patriotism,  will  at  once  renounce 
the  high  character  they  have  hitherto  sustained, 
rally  round  a  foreign  government  in  opposition 
to  their  own,  and  cherish  the  principle  of  dis- 
organization, confusion  and  discord.  Is  there 
not  reason  to  apprehend  that  there  is  an  inti- 
mate understanding  between  the  Essex  junto 
and  the  British  ministry,  and  that  foreign  influ- 
ence has  struck  its  deadly  roots  deep  in  that 
portion  of  our  country?  The  publication  of 
Canning's  false  and  malignant  letter,  the  vio- 
lent declamations  in  favor  of  Great  Britain,  the 
servile  vindication  of  her  measures  towards  the 
United  States,  and  even  of  the  attack  on  the 
Chesapeake,  show  in  colors  as  vivid  as  the 
streams  of  lightning  the  hand  of  Joab,  and 
evince  a  deadly  spirit  of  concert  and  co-opera- 
tion with  a  foreign  government.  The  leaders 
of  these  factious  proceedings  are  without  the 
semblance  of  excuse.  Driven  from  power  by 
the  indignant  voice  of  an  injured  people,  and 
despairing  to  regain  it  by  honest  means,  they 
appear  to  be  governed  by  the  same  unprinci- 
pled sentiments,  and  actuated  by  the  same  hel- 
lish principles  which  the  greatest  of  poets 
ascribes  to  the  deceiver  of  mankind : 

" better  to  reign  in  hell 

"Than  serve  in  Heaven." 
better  to  regain  office  and  elevation,  through 
blood,  destruction  and  general  ruin,  than  not 
to  obtain  them  at  all. 

"  I  have  now  done,  sir.  I  have  discharged  a 
great  duty,  which  the  situation  of  my  country 
demanded.  I  shall  call  for  the  ayes  and  nays 
on  the  resolutions  I  now  offer  ;  not  with  a  view 
of  perplexing  any  member  in  giving  his  vote, 
for  I  fondly  hope  that  every  vote  will  be  freely 
given  in  their  favor — but  that  our  names  may 
be  put  on  record,  so  that  when  the  feuds  and 
contentions  which  now  agitate  us  are  either 


forgotten  or  remembered  only  in  the  historic 
page — when  we  who  are  here  assembled  shall 
live  only  in  the  memory  of  posterity,  our  con- 
duct on  this  solemn  occasion,  and  iu  this  event- 
ful crisis,  may  be  the  subject  of  its  impartial 
judgment. 

[Mr.  Clinton  then  introduced  the  following  reso- 
lutions, which  passed  the  Senate  unanimously, 
and  were  agreed  to  in  the  Assembly  by  a  large 
majority.] 

Whereas  the  unjust  and  multiplied  aggres- 
sions of  the  belligerent  national  rights,  their 
obstinate  refusal  to  render  justice,  and  to  listen 
to  the  most  fair,  friendly,  impartial  and  pacific 
overtures,  and  their  unrelenting  perseverance  in 
a  system  of  violence,  rapacity  and  insult,  have 
rendered  it  the  peculiar  and  incumbent  duty  of 
all  good  citizens,  attached  to  the  rights  and  the 
honor  of  their  country,  to  bury  in  oblivion  all 
internal  differences,  and  to  rally  round  the 
standard  of  the  government  in  opposition  to  the 
unjust  pretensions  and  atrocious  outrages  of 
foreign  powers.  And  whereas,  in  defiance  of 
every  dictate  of  patriotism  and  every  considera- 
tion of  duty,  the  most  unremitted  and  repre- 
hensible attempts  are  making,  with  uncommon 
industry  and  malignity,  and  by  every  art  of 
misrepresentation,  to  enfeeble  and  destroy  the 
exertions  of  the  general  government  in  vindi- 
cating our  national  rights  and  honor,  by  en- 
deavoring to  alienate  the  affections  of  the 
people,  by  opposing  the  authority  of  the  laws, 
and  by  menacing  a  dismemberment  of  the 
Union  ;  and  the  legislature  deeming  it  an  in- 
dispensible  obligation,  at  this  critical  and 
eventful  period,  to  discountenance  these  daring 
and  factious  proceedings,  and  to  bear  testimony 
against  the  insolent  encroachments  of  foreign 
nations,  and  being  fully  satisfied  that  the  con- 
duct of  the  national  government  has  been  cal- 
culated to  secure  the  resources,  to  preserve  the 
peace,  to  maintain  the  honor,  and  to  promote 
the  interests  of  the  country, 

Therefore,  (if  the  honorable  the  Assembly 
concur  herein,) 

Resolved,  That  we  repose  full  confidence  in 
the  wisdom,  patriotism,  and  integrity  of  the 
national  administration:  and  that  we  will,  at 
every  hazard,  and  to  the  full  extent  of  our  fac- 
ulties, support  them  against  the  unjust  attempts 
of  foreign  powers  ;  and  if  a  state  of  peace  shall 
no  longer  be  a  state  of  honor,  and  a  continu- 
ance of  aggression  shall  render  an  appeal  to 
the  sword  inevitable,  we  pledge  our  lives  and 
our  fortunes  in  defence  of  the  just  rights  of  our 
injured  country. 

Resolved,  That  we  consider  the  union  of  the 
States  as  the  palladium  of  our  national  safety, 
the  guarantee  of  our  national  prosperity,  and 
the  pledge  of  our  national  glory,  and  that  every 
attempt  to  violate  or  sever  the  ties  which  bind 
the  confederated  States  together  ought  to 
receive  the  most  pointed  reprobation,  and  the 
most  decided  abhorrence.     And  we  earnestly 


IMPORTANCE  OF   THE   RESTRICTIVE   SYSTEM. 


31 


exhort  the  good  citizens  of  this  State  to  be 
vigilant  and  active  in  discountenancing  and 
suppressing  all  combinations  and  attempts  to 
evade  or  violate  the  laws,  to  detract  from  the 
authority  of  the  government,  or  to  impair  the 
stability  of  the  Union  ;  and  we  solemnly  con- 
jure them,  by  the  sacred  principles  of  liberty 
and  patriotism,  to  prepare  themselves  for  the 
crisis  which  is  probably  approaching,  and  to 
be  ready  to  cooperate  with  each  other,  and 
with  the  constituted  authorities,  in  resisting 
and  repelling  the  audacious  aggressions  of  for- 
eign nations. 

Resolved,  That  his  excellency  the  governor 
be  requested  to  transmit  a  copy  of  these  reso- 
lutions to  the  President  of  the  United  States, 
as  the  sense  of  this  State,  and  that  our  Senators 
and  representatives  in  Congress  be  and  hereby 
are  requested  to  use  every  exertion  to  put  the 
United  States  in  the  best  condition  of  defence, 
so  that  we  may  be  fully  prepared  to  meet  the 
dangers  which  menace  the  peace  of  our  country. 

Mr.  Barker  having  a  great  regard  for  Mr. 
Clinton,  and  great  respect  for  his  distinguished 
talents,  was  very  anxious  to  retain  him  in  the 
party,  it  not  having  a  surplussage  of  such  men. 
He  caused  a  thousand  extra  copies  of  that 
speech  to  be  printed  at  New  York  by  Mr.  John 
Crooks,  of  the  Mercantile  Advertiser,  at  his 
own  expense,  in  the  hope  that  its  perusal  would 
reconcile  the  party  to  Mr.  Clinton.  It  did  not 
have  that  effect;  he  could  not  resist  the  influ- 
ence of  the  adulation  of  the  Federal  party;  his 
subsequent  course  extended  their  estrangement 
from  each  other  until  the  war  terminated. 

Mr.  Barker  being  deeply  impressed  with  the 
importance  of  the  restrictive  system,  wishes  his 
views  in  relation  thereto  perpetuated  ;  he  sup- 
ported the  embargo  and  non-importation  laws 
to  the  utmost  of  his  power.  He  was  a  large 
ship  owner ;  probably  the  largest  in  the  United 
States,  with  the  exception  of  William  Gray,  of 
Salem,  and  was  conducting  a  large  commission 
business  when  Jefferson's  embargo  was  adopt- 
ed. This  measure,  followed  up  as  it  was  by  the 
non-importation  laws  and  war,  greatly  impaired 
his  fortune  and  future  commercial  prospects, 
yet  he  did  not  faulter  in  their  support.  He  had 
a  large  and  intimate  acquaintance  with  the 
mechanic  and  laboring  classes  from  the  great 
numbers  he  had  been  in  the  habit  of  employing. 

These  men  were  thrown  out  of  employment 
by  the  restrictive  measures  of  the  Democratic 
administration,  and  their  political  opponents 
did  all  they  could  to  fan  the  embers  and  in- 
crease their  discontent. 


Mr.  Barker,  through  the  columns  of  the  press, 
constantly  admonished  those  suffering  to  be- 
ware of  the  designs  of  these  opponents  of  the 
administration,  and  spoke  to  them  at  the  Bat- 
tery and  at  the  Park,  where  there  were  public 
meetings  called  for  the  purpose  of  engendering 
discontent. 

The  Federal  party  were  incessant  in  their 
exertions  to  make  political  capital  out  of  the 
distresses  of  the  sailors,  their  landlords,  the 
mechanics,  and  others  who  had  been  thrown 
out  of  employ.  For  this  purpose  they  called 
indignation  meetings.  Mr.  Barker  watched 
them  closely,  attended  their  meetings,  combat- 
ing their  doctrines,  and  so  important  did  he 
consider  it  to  have  a  daily  press  which  would 
speak  truth  to  the  people,  that  he  took  the  Pub- 
lic Advertiser,  the  only  paper  in  the  city  advo- 
cating the  restrictive  system,  three  times  out  of 
the  hands  of  the  sheriff,  at  a  cost  of  three  or 
four  thousand  dollars,  all  of  which  he  lost. 

The  Democratic  party  usually  held  their 
meetings  at  Martling's  old  wigwam,  called  the 
"  Pig-pen,"  where  Mr.  Barker's  voice  was  often 
heard. 

At  this  period  the  British  ships-of-war  con- 
stantly infested  our  ports;  and,  on  one  occa- 
sion, as  a  coasting  vessel  was  approaching  New 
York  from  the  mills  in  New  Jersey,  the  cap- 
tain, Pierce,  was  killed  at  the  helm  by  a  cannon 
ball  from  the  British  ship  Leander,  of  fifty 
guns.  When  the  mill  boat  arrived,  the  bleeding 
corpse  of  her  commander  Pierce  on  her  quarter 
deck,  with  the  stars  and  stripes  for  a  pall, 
there  was  a  great  excitement  with  all  classes. 
An  important  election  was  at  hand,  both  politi- 
cal parties  endeavored  to  make  political  capi- 
tal out  of  this  terrible  outrage,  committed  on  a 
native  citizen  quietly  navigating  his  unarmed 
barque  along  the  New  Jersey  shore. 

The  Federal  party  held  a  meeting  at  the  Ton- 
tine coffee  house,  corner  of  Wall  and  Water 
streets  ;  Mr.  Barker  attended,  and  listened  to  a 
very  inflammatory  speech  made  by  the  most 
distinguished  member  of  that  party.  Among 
other  things  he  said  that  "the  hands  of  Jeffer- 
son were  dyed  in  the  blood  of  his  countryman, 
(Pierce)  he  not  having  resisted  the  Berlin  and 
Milan  decrees  of  Bonaparte,  and  thereby  saved 
Britain  the  necessity  of  sending  her  ships  of 
war  to  our  coast."  The  Democratic  party  held 
a  meeting  in   the  Park,  where  Mr.  Barker  is 


32 


LIFE   OP   JACOB   BARKER. 


said  to  have  made  one  of  his  characteristic 
speeches. 

The  occasion  called  forth  the  resources  of 
his  mind;  his  very  soul  seemed  wrapt  up  in  the 
matter ;  he  rebuked  with  great  severity  the 
sympathy  manifested  by  the  Federal  party.  He 
had  the  peculiar  faculty  of  conveying  his 
thoughts  to  others  in  a  language  quickly  com- 
prehended, the  meaning  of  which  was  not 
easily  mistaken. 

Although  subject  to  occasional  reverses, 
he  prospered  greatly  in  his  commercial  pursuits, 
until  he  had  the  misfortune  to  incur  the  dis- 
pleasure of  Robert  Lenox,avery  rich  Scotchmer- 
chant;  although  a  strong-minded,  intelligent 
man,  his  will  and  his  prejudices  were  of  the 
character  peculiar  to  the  nation  of  his  birth. 

Mr.  Barker  had,  as  agent  for  the  owner,  char- 
tered to  James  Scott  the  ship  Live  Oak,  of 
Portland,  Maine,  for  a  voyage  to  St.  Domingo 
and  back.  On  her  arrival  off  the  port  of  des- 
tination she  found  it  blockaded;  was  ordered 
off,  when,  according  to  custom,  she  proceeded 
to  the  nest  port;  finding  that  in  possession  of 
the  slaves,  they  having  revolted,  the  captain 
prudently  returned  to  New  York  with  the  out- 
ward cargo. 

A  question  arose  whether  or  not  the  ship 
was  entitled  to  compensation.  Mr.  Barker  ap- 
plied immediately  to  his  friend  and  professional 
adviser,  General  Alexander  Hamilton,  for  ad- 
vice ;  that  gentleman  advised  him  to  retain  a 
sufficiency  of  the  cargo  to  pay  the  amount  of 
charter  until  he  could  advise  and  receive  an 
answer  from  his  employer,  the  owner  of  the 
ship.  A  portion  less  than  the  amount  of  char- 
ter was  in  money  ;  it  was  retained. 

The  following  day  his  notes  offered  for  dis- 
count at  the  United  States  Branch  Bank,  where 
he  kept  his  account,  were  all  thrown  out,  which 
was  followed  up  every  discount  day  for  two  or 
three  weeks,  when  Mr.  Barker  began  to  feel  the 
effects.  He  knowing  Mr.  Lenox  to  be  the  most 
influential  director,  applied  to  that  gentleman 
without  the  least  idea  of  the  cause,  or  that  he 
was  the  gentleman  that  had  induced  the  rejec- 
tion of  the  notes  offered;  named  to  him  the  lib- 
erality with  which  he  had  always  been  treated 
by  the  bank,  the  goodness  of  the  notes  offered 
and  their  rejection,  adding  that  he  presumed 
there  must  be  some  hidden  cause  which  he  could 
satisfactorily  explain  if  he  knew  what  it  waa. 


"  Yes,"  said  Mr.  Lenox,  "  there  is  a  cause, 
and  if  you  expect  any  more  discounts  at  the 
Branch  Bank  you  must  deliver  to  Mr.  Scott  the 
money  you  withhold  from  him." 

Mr.  Barker,  astonished  at  the  avowal,  in- 
quired if  the  board  of  directors  undertook  to 
pass  ex-parte  on  differences  which  arose  among 
merchants,  neither  of  whom  was  of  their  num- 
ber, and  to  enforce  their  decision  against  one 
of  the  parties  without  having  allowed  him  a 
hearing.  Mr.  Lenox  replied  that  he  believed 
every  director  at  the  board  agreed  with  him  in 
opinion. 

Application  was  immediately  made  to  Gene- 
ral Stevens,  Thomas  Buchanan,  and  other  di- 
rectors, who  informed  him  that  Mr.  Lenox  was 
mistaken;  that  they  were  opposed  to  all  such 
assumption  of  power,  and  that  if  Mr.  Lenox  did 
not  withdraw  his  objection  they  would  not 
allow  the  notes  of  his  friends  to  be  discounted. 
One  or  two  opposing  a  note  it  could  not,  by  the 
rules  of  the  board,  be  discounted. 

This  affair  came  to  the  knowledge  of  the 
directors  of  the  mother  bank  at  Philadelphia, 
yet  they  re-appointed  Mr.  Lenox  a  director  of 
the  New  York  Branch. 

Mr.  Barker  had  not  any  redress  but  to  op- 
pose the  renewal  of  the  charter  of  the  bank, 
which  was  soon  to  expire.  With  this  view  he 
caused  the  whole  affair  to  be  published  by  Mr. 
Duane,  in  the  Philadelphia  Aurora.  That  able 
editor  entered  into  the  matter  warmly.  Mr. 
Barker  enlisted  the  pen  of  his  friend  Thomas 
English,  esq.,  of  Philadelphia,  in  the  cause, 
which  greatly  aided  the  editor  in  filling  the  col- 
umns of  that  paper  until  the  question  of  re- 
newal was  finally  settled. 

He  visited  Washington  while  the  subject 
was  pending,  urged  on  members  of  Con- 
gress the  objection  to  the  bank,  and  supplied 
the  Public  Advertiser  of  New  York  with 
editorial  articles,  not  ceasing  his  exertions  un- 
til the  fate  of  the  bank  was  sealed  by  the  rejec- 
tion of  the  bill  for  the  renewal  of  the  charter  by 
Congress.  This  was  done  by  a  majority  of 
only  one,  and  as  Mr.  Barker's  half-brother,  Gid- 
eon Gardner,  was  a  member  from  Nantucket 
and  voted  against  the  bank,  it  is  not  unrea- 
sonable to  conclude  that  he  had  some  influence 
in  overthrowing  the  first  United  States   Bank. 

Mr.  Barker's  intercourse  with  mechanics,  la- 
borers, and  others  in  humble  life  was  very  ex- 


LETTER   OF   GENERAL   WASHINGTON. 


33 


tensive,  his  influence  with  them  was  apparent, 
to  break  clown  which  was  an  object  of  the  first 
importance  to  his  political  opponents  in  their 
scramble  for  office  and  power;  his  activity,  zeal 
and  perseverance  very  soon  arrayed  the  Federal 
party  against  him ;  their  newspapers  denounced 
him  and  misrepresented  his  every  action,  the 
effect  of  which  was  to  urge  him  on,  hurling  de- 
fiance at  all  opponents. 

The  Evening  Post,  then  the  leading  Federal 
paper,  was  particularly  violent,  which  induced 
him  to  prepare  an  article,  of  which  he  sent  in 
the  morning  to  the  office  of  that  paper  a  copy, 
with  notice  that  if  it  did  not  retract  in  the 
evening  edition  its  offensive  articles  it  would 
appear  the  next  morning  in  the  Public  Adver- 
tiser. 

The  severity  of  this  article  produced  the  de- 
sired effect;  it  brought  immediately  to  the  resi- 
dence of  Mr.  Barker  David  B.  Ogden,  esq.,  a 
distinguished  professional  gentleman  of  great 
merit,  the  friend  of  the  editor,  who  notified  Mr. 
Barker  that  if  his  publication  took  place  he 
would  have  to  settle  it  with  Mr.  Coleman  on  the 
battle  field  of  Hoboken. 

The  reply  was,  "it  will  appear  in  the  morning 
papers  if  the  recantation  is  not  made,  be  the 
consequences  what  they  may." 

The  matter  was  arranged,  and  the  amende 
honorable  appeared  in  the  Post  of  the  same 
evening. 

Mr.  Coleman  and  Mr.  Barker  became  per- 
sonal friends,  which  continued  until  the  death 
of  Mr.  Coleman. 

The  banks  were  generally  conducted  by  gen- 
tlemen of  the  Federal  party,  who  were  not  dis- 
posed to  favor  Democrats. 

But  few  merchants  advocated  the  Democratic 
side  of  the  question ;  these  few  rarely  attended 
the  Merchants'  Exchange,  then  held  at  the 
Tontine  coffee  house,  Wall  street. 

The  clamor  of  the  opposition  against  the 
embargo  was  so  great  that  it  was  abandoned, 
Congress  relying  on  the  influence  of  non-im- 
portationlaws  to  bring  Great  Britain  to  a  sense 
of  justice. 

The  Democratic  party  demanded  that  if  the 
Federal  party  would  not  acquiesce  in  the  re- 
strictive system,  war  against  Great  Britain 
should  be  substituted  therefor,  insisting  that  a 
declaration  of  war  against  France  would  be 
yielding  to  the  unjust  requirements  of  Britain, 
o 


that  we  could  not  longer,  without  dishonor, 
submit  to  her  paper  blockades,  her  impressment 
of  our  seamen,  and  especially  that  we  could  not 
tolerate  our  ships  on  their  return  voyages 
j  calling  at  British  ports,  paying  toll  for  the 
right  to  navigate  the  ocean,  the  great  highway 
of  nations.  There  was  great  difficulty  experi- 
enced in  enforcing  the  embargo.  One  half  of 
the  nation  opposed  to  it,  mainly  from  political 
considerations,  many  from  the  distress  occa- 
sioned by  the  want  of  employment  and  of  a 
market  for  the  surplus  of  our  agricultural  pro- 
ducts. Therefore,  after  more  than  a  years 
continuance  it  had  been  repealed,  substituting 
therefor  a  non-intercourse  with  Great  Britain 
and  her  colonies,  which  was  equally  opposed 
by  the  Federal  party  in  their  efforts  to  regain 
power,  and  consequently  the  loaves  and  fishes, 
called  spoils. 

Mr.  Jefferson's  term  was  about  expiring; 
great  and  ineffectual  efforts  were  made  by  the 
Democratic  party  to  induce  him  to  consent  to 
be  their  candidate  for  a  third  term.  James 
Madison,  the  then  Secretary  of  State,  the  friend 
of  Washington,  was  nominated  by  the  con- 
gressional Congress,  and  elected  President  of 
the  United  States. 

The  letter  of  General  Washington,  a  copy 
herewith,  may  induce  the  reader  to  consider 
Mr.  Madison  entitled  to  share  with  the  general 
the  fame  of  his  farewell  address. 

"Mount  Vernon,  May  30, 1792. 

"My  dear  sir:  As  there  is  a  possibility,  if  not 
a  probability,  that  I  shall  not  see  you  on  your 
return  home,  or  if  I  should  see  you,  it  may  be 
on  the  road,  and  under  circumstances  which 
will  prevent  my  speaking  to  you  on  the  subject 
we  last  conversed  upon,  I  take  the  liberty  of 
committing  to  paper  the  following  thoughts  and 
requests.  I  have  not  been  unmindful  of  the 
sentiments  expressed  by  you  in  the  conversa- 
tion just  alluded  to  ;  on  the  contrary,  I  have 
again  and  again  revolved  them  with  thoughtful 
anxiety,  but  without  being  able  to  dispose  my 
mind  to  a  longer  continuance  in  the  office  I 
have  yet  the  honor  to  hold.  I,  therefore,  still 
look  forward  to  the  fulfillment  of  my  fondest 
and  most  ardent  wishes  to  spend  the  remainder 
of  my  days  (which  I  cannot  expect  will  be 
many)  in  ease  and  tranquility.  Nothing  short 
of  the  conviction  that  my  dereliction  of  the 
chair  of  government  (if  it  should  be  the  desire 
of  the  people  to  continue  me  in  it,)  would  in- 
volve the  country  in  serious  disputes  respecting 
the  Chief  Magistrate,  and  the  disagreeable  con- 
sequences which  might  result  therefrom,  in  the 
floating  and  divided  opinions  which  so  prevail 


34 


LIFE   OP  JACOB   BARKER. 


at  present,  and  in  nowise  induce  me  to  relin- 
quish the  determination  I  have  formed,  and  of 
this  I  do  not  see  how  any  evidence  can  be  ob- 
tained previous  to  the  election.  My  vanity,  I 
I  am  sure,  is  not  of  that  cast  as  to  allow  me  to 
view  the  subject  in  this  light.  Under  these 
impressions,  then,  permit  me  to  reiterate  the 
request  I  made  to  you  at  our  last  meeting, 
namely,  to  think  of  the  proper  time  and  the 
best  mode  of  announcing  the  intention,  and 
that  you  would  prepare  the  latter.  In  revolv- 
ing this  subject  myself,  my  judgment  has 
always  been  embarrassed.  On  the  other  hand, 
a  previous  declaration  to  retire  not  only  carries 
with  it  the  appearance  of  vanity  and  self- 
importance,  but  it  may  be  construed  into  a 
manoeuvre  to  be  invited  to  remain.  And,  on 
the  other  hand,  to  say  nothing  implies  consent, 
or  at  any  rate,  would  leave  the  matter  in  doubt, 
and  to  decline  afterwards  might  be  deemed  as 
uncandid.  I  would  fain  carry  my  request  to 
you  further  than  is  asked  above,  although  I  am 
sensible  that  your  compliance  with  it  must  add 
to  your  trouble  ;  but  as  the  recess  may  afford 
you  leisure,  and  I  flatter  myself  you  have  a  dis- 
position to  oblige  me,  I  will,  without  apology, 
desire  (if  the  measure  in  itself  should  strike 
you  as  proper,  and  likely  to  produce  public 
good  or  private  honor,  that  you  would  turn 
your  thoughts  to  a  valedictory  address  to  the 
public,  expressing  in  plain  and  modest  terms, 
that,  having  been  honored  with  the  presidential 
chair,  and,  to  the  best  of  my  ability,  contributed 
to  the  organization  and  administration  of  the 
government;  and,  having  arrived  at  a  period  of 
life  when  the  private  walks  of  it,  in  the  shade 
of  retirement,  becomes  necessary,  and  will  be 
most  pleasant  to  me,  and  the  spirit  of  the  gov- 
ernment may  render  a  rotation  in  the  elective 
officers  of  it  more  congenial  with  their  ideas  of 
liberty  and  safety,  that  I  take  my  leave  of  them 
as  a  public  man,  and  in  bidding  them  adieu, 
(retaining  no  other  concern  than  such  as  will 
arise  from  fervent  wishes  for  the  honor  of  my 
country,)  I  take  the  liberty  at  my  departure 
from  civil,  as  I  formerly  did  at  my  military 
exit,  to  invoke  a  continuance  of  the  blessings 
of  Providence  upon  it,  and  all  those  who  are 
the  supporters  of  its  interests,  and  the  promo- 
ters of  harmony,  order  and  good  government. 

"That  to  impress  these  things  it  might,  among 
other  things,  be  observed  that  we  are  all  the 
children  of  the  same  country — a  country  great 
and  rich  in  itself — capable,  and  promising  to 
be  as  happy  as  any  the  annals  of  history  have 
ever  brought  to  our  view.  That  our  interests, 
however  diversified  by  local  and  smaller  mat- 
ters, is  the  same  in  all  the  great  and  essential 
concerns  of  the  nation.  That  the  contrast  of 
our  country,  the  diversity  of  our  climate  and 
soil,  and  the  various  productions  of  the  States, 
consequent  of  both,  are  such  as  to  make  one 
part  not  only  convenient,  but,  perhaps,  indis- 
pensably necessary  to  the  other  part,  and  may 
render  the  whole,  at  no  distant  period,  one  of 


the  most  independent  in  the  world.  That  the 
established  government  being  the  work  of  our 
own  hands,  with  the  seeds  of  amendment  en- 
grafted on  the  Constitution,  may,  by  wisdom, 
good  dispositions,  and  mutual  allowances,  aided 
by  experience,  bring  it  as  near  to  perfection  as 
any  human  institution  ever  approximated,  and 
therefore  the  only  strife  among  us  ought  to  be 
who  should  be  foremost  in  facilitating  and 
finally  accomplishing  such  great,  desirable  ob- 
jects, by  giving  every  possible  support  and  ce- 
ment to  the  Union.  That  however  necessary 
it  may  be  to  keep  a  watchful  eye  over  public 
servants  and  public  measures,  yet  there  ought 
to  be  limits  to  it,  for  suspicions  unfounded  and 
jealousies  too  lively  are  irritating  to  honest 
feelings,  and  oftentimes  are  productive  of  more 
evil  than  good. 

'•'  To  enumerate  the  various  subjects  which 
might  be  introduced  into  such  an  address 
would  require  thought,  and  to  mention  them 
to  you  would  be  unnecessary,  as  your  own  judg- 
ment will  comprehend  all  that  will  be  proper ; 
whether  to  touch  specially  any  of  the  excep- 
tionable parts  of  the  Constitution  may  be 
doubted;  all  I  shall  add,  therefore,  at  present, 
is  to  beg  the  favor  of  you  to  consider — 1st, 
The  propriety  of  such  an  address.  2d,  If  ap- 
proved, the  several  matters  which  ought  to  be 
contained  in  it ;  and  3d,  The  time  it  should 
appear — that  is,  whether  at  the  declaration  of 
my  intention  to  withdraw  from  the  service  of 
the  public,  or  let  it  be  the  closing  act  of  my 
administration,  which  will  end  with  the  next 
session  of  Congress,  (the  probability  being  that 
that  body  will  continue  sitting  until  March) 
when  the  House  of  Representatives  will  also 
dissolve. 

"Though  I  do  not  wish  to  hurry  you,  (the  case 
not  pressing)  in  the  execution  of  either  of  the 
publications  before  mentioned,  yet  I  should  be 
glad  to  hear  from  you,  generally  on  both,  and 
to  receive  them  in  time,  if  you  should  not  come 
to  Philadelphia  until  the  session  commences, 
in  the  form  they  are  to  take. 

"I  beg  leave  to  draw  your  attention  also  to 
such  things  as  you  shall  conceive  fit  subjects 
for  communication  on  that  occasion,  and  noting 
them  as  they  occur,  that  you  would  be  so  good 
as  to  furnish  me  with  them  in  time  to  be  pre- 
pared and  engrafted  with  others  for  the  open- 
ing of  the  session. 

"With  very  sincere  and  affectionate  regard,  I 
am  ever  yours.  G.  WASHINGTON. 

"  James  Madison,  sen.,  esq." 

The  nonimportation  law  was  continued;  the 
belligerents  nevertheless  continued  to  trample 
on  our  rights  to  such  an  extent  that  our  honor, 
as  well  as  our  interest,  required  that  something 
should  be  done  to  protect  our  mercantile  marine, 
as  well  as  to  vindicate  the  national  honor. 

Both  political  parties  were  opposed  to  further 
submission    to   these    encroachments   en   our 


FIRST   MEETING   AT    TAMMANY   HALL. 


35 


maritime  rights ;  the  federal  party  were  clamor- 
ous for  war  against  France. 

The  democratic  party  considered  that  we 
mio-ht  as  well  declare  war  against  the  moon  as 
against  France ;  that  she  had  not  any  foreign 
commerce  for  us  to  assail,  nor  any  adjoining 
territory  for  us  to  invade — hence  the  battle  (of 
trying  which  could  do  the  other  the  most  harm) 
would  prove  an  unequal  contest;  our  ships,  the 
swelling  sails  of  which  whitened  every  sea, 
would  become  an  easy  prey  to  her  thousand 
privateers,  which  would  be  dispatched  to  every 
ocean  in  pursuit  of  such  rich  prey  as  our  ex- 
tended commerce  would  present  to  their  keen 
appetites  ;  that  an  embargo  would  be  all  suffi- 
cient, insisting  that  as  she  had  not  any  navy 
at  sea  and  would  not  send  cut  any  other  than 
privateers,  and  no  adjoining  territory  from 
which  to  invade  us,  the  injury  would  be  much 
less  than  from  Britain  with  her  powerful  navy, 
and  from  the  facilities  her  adjoining  territory 
would  afford  her  land  forces,  aided  by  their 
savage  allies  in  their  assaults  on  our  frontier 
towns. 

The  question  of  establishing  a  bank  with  a 
very  large  capital,  to  supply  the  void  created 
by  the  termination  of  the  charter  of  the  United 
States  Bank,  was  brought  before  the  New  York 
legislature,  advocated  by  the  federal  party  and 
opposed  by  the  democratic  party,  both  parties 
became  very  violent  on  the  subject. 

On  the  supposition  that  there  had  been  brib- 
ery the  governor,  Daniel  D.  Tompkins,  pro- 
rogued the  legislature.  At  this  time  the  new 
Tammany  Hall  was  in  progress  of  erection — 
nearly  completed.  Mr.  Barker  was  a  member 
of  the  building  committee.  He  made  prompt 
exertions  to  have  the  carpenter  benches  and 
other  incumbrances  removed,  and  the  large 
room  prepared  for  the  accommodation  of  a 
public  meeting ;  it  was  there  convened.  This 
first  meeting  held  at  the  new  Tammany  Hall 
was  a  tremendous  gathering;  not  one-half  of 
those  who  assembled  could  get  into  the  house. 
The  room  was  brilliantly  lighted.  Mr.  Barker 
and  many  others  addressed  the  meeting,  sus- 
taining the  action  of  Governor  Tompkins,  and 
has  often  been  heard  to  say  that  he  has  not, 
on  any  other  occasion,  witnessed  so  electrifying 
a  scene  as  those  three  thousand  human  faces, 
illuminated  as  well  by  the  animating  subject 
under  discussion  as  by  the  surrounding  lights. 


Many  distinguished  men  advocated  the  em- 
bargo. Among  the  number  were  ship  owners, 
who  were  the  greatest  sufferers.  On  that  sub- 
ject Wm.  Gray,  esq.,  wrote  as  follows: 

"Boston,  March  30,  1814. 

"Friend  Jacob  Barker — Sir  :  I  have  re- 
ceived your  favor  of  21st  instant,  with  the  en- 
closure, for  which  I  thank  you. 

"I  was  very  much  gratified  to  find  Congress 
come  out  so  full  against  the  repeal  of  the  em- 
bargo and  non-intercourse.  I  should  have  con- 
sidered the  removal  of  those  effectual  engines 
against  our  enemy  a  great  calamity. 

"I  acknowledge  some  of  the  southern  States, 
particularly  the  State  of  Georgia,  do  suffer 
more  pecuniary  loss  than  we  do ;  indeed,  we 
suffer  nothing.  Since  the  embargo  our  coast 
is  more  free  from  British  cruisers,  and,  of 
course,  our  prizes  arrive  more  frequently.  We 
are  abundantly  supplied  with  all  foreigu  ar- 
ticles by  neutrals,  which  is  the  only  way  we 
can  obtain  them  without  great  loss;  indeed, 
the  imported  articles,  in  general,  will  not  sell 
for  more  than  the  cost,  freight,  and  impost; 
and  then,  in  our  own  vessels,  all  the  risk  is 
lost,  which,  you  know,  in  American  bottoms, 
is  fifty  per  cent.  Of  course,  it  will  be  a  ruinous 
business,  and  we  are  abundantly  supplied  with 
all  articles  by  captures  from  the  enemy.  I  am 
convinced  the  embargo  is  the  most  effectual 
measure  that  can  be  adopted. 

"With  respect  to  the  loan,  as  soon  as  the 
capitalists  are  convinced  it  has  gone  to  the 
lowest  point,  about  three  millions  will  be  taken 
and  retained  in  this  place. 

"I  will  thank  you  for  any  information  on 
this  or  any  other  subject  that  will  be  interest- 
ing to  me  or  our  friends  here. 

"I  am,  with  real  esteem,  your  friend, 

"WM,  GRAY." 

Mr.  Madison,  near  the  close  of  his  first  term, 
recommended  a  declaration  of  war  against 
Great  Britain,  and  an  embargo,  as  a  prepara- 
tory measure.  The  embargo  was  adopted,  for 
ninety  days.  Mr.  Madison  was  nominated  for 
a  second  term.  A  majority  of  the  democrats 
of  the  State  of  New  York  preferred  DeWitt 
Clinton  for  the  Presidency.  The  federalists, 
despairing  of  their  ability  to  elect  a  member  of 
their  own  party,  resolved  to  support  Mr.  Clin- 
ton. 

A  majority  of  the  democratic  party  of  the 
State,  including  Chief  Justice  Spencer  and 
Martin  Van  Buren,  united,  they  insisting  that 
war  should  be  declared  against  France,  or 
against  both  France  and  England.  Mr.  Clin- 
ton considered  the  recommendation  of  war 
against   Great   Britain   a    political   device   to 


36 


LIFE  OP  JACOB  BARKER. 


secure  the  re-election  of  Madison,  and  that  he 
had  no  belief  that  Congress  would  adopt  the 
measure  he  recommended.  They  were  disap- 
pointed by  a  declaration  of  war  against  Great 
Britain,  which  took  place  on  the  16th  June, 
1812.  On  the  happening  of  that  event  Chief 
Justice  Spencer,  and  many  others  of  Mr  Clin- 
ton's personal  political  friends,  urged  him  to 
withdraw  his  name  as  a  candidate  for  the  Pre- 
sidency, to  which  he  had  been  nominated  by 
the  democratic  party  of  the  State.  This,  being 
assured  of  the  support  of  the  federal  party,  he 
refused  to  do ;  which  caused  an  estrangement 
between  the  brothers  Spencer  and  Clinton 
which  continued  until  after  the  close  of  the 
war,  when  a  reconciliation  took  place  by  the 
interposition  of  Mr.  Barker;  from  which  time, 
until  the  day  of  their  death,  those  two  distin- 
guished men  continued  the  devoted  friends  of 
each  other  and  of  Mr.  Barker,  although  the 
political  views  of  the  Chief  Justice  often  differed 
from  those  entertained  by  Mr.  Barker,  and 
both  fearlessly  put  forth  their  opinions,  and 
severally  sustained  the  political  parties  to  which 
they  were  attached  with  uncommon  zeal.  Mr. 
CKnton  and  Mr.  Van  Buren  both  sustained  the 
war.  They  differed  in  their  views  in  relation 
to  the  measures  adopted  for  carrying  it  on, 
which  estranged  them  from  each  other.  Mr. 
Van  Buren,  sustaining  the  administration,  be- 
came the  opponent  of  Mr.  Clinton's  political 
views.  The  political  campaign  progressed  with 
great  ardor.  The  parties  became  very  violent. 
The  legislature  met  for  the  appointment  of 
electors.  Mr.  Barker  was,  with  Colonel  Rut- 
gers, Colonel  Willett,  and  others,  appointed,  at 
Tammany  Hall,  delegates  to  attend  a  demo- 
cratic convention,  at  Albany,  for  the  nomina- 
tion of  electors.  The  friends  of  the  two  can- 
didates, in  the  legislature,  held  separate  meet- 
ings. According  to  the  best  of  Mr.  Barker's 
recollection,  Mr.  Van  Buren  presided  at  the 
meeting  of  the  friends  of  Mr.  Clinton ;  and 
Nathan  Sanford,  a  senator  from  New  York, 
presided  at  that  of  the  friends  of  Mr.  Madison. 
The  former,  having  a  majority  and  assured  of 
the  support  of  the  federalists  at  the  election, 
declined  all  propositions  for  a  compromise  and 
nominated  an  entire  ticket,  friendly  to  the  elec- 
tion of  their  chief,  who  were  elected  by  the  aid 
of  federal  votes. 

Mr.  Van  Buren  was  esteemed  the  master- 


spirit of  the  whole  affair.  Mr.  Barker  remons- 
trated with  him  against  their  course,  remarking 
that  he  would,  if  they  persisted,  plan  a  pamph- 
let describing  their  coalition  with  the  federal- 
ists in  every  hamlet  in  the  State.  This  had  no 
influence.  Mr.  Van  Buren  was  not  to  be  di- 
verted from  the  course  he  had  adopted,  vainly 
imagining  that  it  would  be  successful. 

Pending  the  debates  in  Congress  on  the  ques- 
tion of  war,  Dr.  Mitchell,  a  member  from  the 
city  of  New  York,  being  opposed  to  a  war,  ad- 
dressed a  letter  to  the  Tammany  Society,  in 
the  hope  of  having  his  views  sustained  by  that 
patriotic  body.  He  asked  them,  among  other 
things,  if  they  were  prepared  to  abandon  their 
fruitful  maritime  pursuits  in  exchange  for  the 
frozen  regions  of  Canada.  To  which  they 
promptly  replied,  in  effect,  that  the  nation's 
honor  must  be  sustained  at  every  hazard. 

About  the  same  time  Mr.  Barker  received, 
from  a  correspondent  in  England,  letters  which 
indicated  that  the  British  ministry  would  very 
soon  rescind  the  orders  in  council,  when  he 
drafted  a  petition  asking  Congress  to  continue 
the  embargo  and  defer  a  declaration  of  war  for 
a  short  period,  which  was  signed  by  men  of 
both  political  parties,  of  the  greatest  respecta- 
bility, to  whom  he  exhibited  those  letters.  The 
petition  was  presented  to  the  Senate  by  Mr. 
Smith,  a  member  from  New  York,  the  day  be- 
fore war  was  declared ;  which,  on  motion  of 
Colonel  Taylor,  of  South  Carolina,  was  ordered 
to  be  printed.  The  petition  and  speech  of 
Colonel  Taylor,  in  relation  thereto,  were    as 

follows : 

[From  Niles's  Register,  vol.  2,  page  278.] 

TWELFTH   CONGRESS. 

In  Senate. — Monday,  June  15,  1812. 

Mr.  Smith,  of  New  York,  presented  the  fol- 
lowing petition  of  sundry  inhabitants,  mer- 
chants and  others,  of  the  city  of  New  York, 
praying  that  the  embargo  and  non-importation 
laws  might  be  continued  as  a  substitute  for  war 
against  Great  Britain : 

MEMORIAL. 

To  the  honorable  ike  Senate  and  House  of  Rep- 
resentatives of  the  United  States  of  America 
in  Congress  assembled,  the  memorial  of  the 
subscribers,  merchants  and  others,  inhabit- 
ants of  the  city  of  Neiu  York,  respectfully 
sheweth : 

"That  your  memorialists  feel,  in  common 
with  the  rest  of  their  fellow-citizens,  an  anxious 
solicitude  for  the  honor  and  interests  of  their 


MEMORIAL   TO   CONGRESS. 


37 


country,  and  an  equal  determination  to  assert 
and  maintain  them ; 

"  That  your  memorialists  believe  that  a  con- 
tinuation of  the  restrictive  measures  now  in 
operation  will  produce  all  the  benefits,  while 
it  prevents  the  calamities  of  war  ; 

"That  when  the  British  ministry  become  con- 
vinced that  a  trade  with  the  United  States  can- 
not be  renewed  but  by  the  repeal  of  the  orders 
in  council,  the  distress  of  their  merchants  and 
manufacturers,  and  their  inability  to  support 
their  armies  in  Spain  and  Portugal,  will,  pro- 
bably, compel  them  to  that  measure. 

"Your  memorialists  beg  leave  to  remark  that 
such  effects  are  even  now  visible ;  and  it  may 
be  reasonably  hoped  that  a  continuance  of  the 
embargo  and  non-importation  laws,  a  few 
months  beyond  the  fourth  day  of  July  next, 
will  effect  a  complete  aud  bloodless  triumph  of 
our  rights. 

"  Your  memorialists,  therefore,  respectfully 
solicit  of  your  honorable  body  the  passage  of  a 
law  continuing  the  embargo,  and  giving  to  the 
President  of  the  United  States  power  to  dis- 
continue the  whole  of  the  restrictive  system  on 
the  rescinding  of  the  British  orders  in  council. 

"  The  conduct  of  France,  in  burning  our 
ships,  in  sequestrating  our  property  entering 
her  ports  expecting  protection  in  consequence 
of  the  promised  repeal  of  the  Berlin  and  Milan 
decrees,  and  the  delay  in  completing  a  treaty 
with  the  American  minister,  has  excited  great 
sensation,  and  we  hope  and  trust  will  call  forth 
from  your  honorable  body  such  retaliatory 
measures  as  may  be  best  calculated  to  procure 
justice. 

John  Jacob  Astor,  William  Lovett, 

Samuel  Adams,  William  Edgar,  jr., 

Howland  &  Grinuell,  Amasa  Jackson, 

E.  Slossou,  Wm.  J.  Robinson, 

Israel  Gibbs,  Joseph  Strong, 

Isaac  Clason,  Abr'm  S.  Hallot, 

John  Slidell,  Joshua  Jones, 

John  Townsend,  Frederick  Giraud,  jr., 

Andrew  Ogden  &  Co.,  Robert  Roberts, 

Thomas  Storm,  John  Crookes, 

Amos  Butler,  Hugh  McCormick, 

Ebenezer  Burrill,  John  Depeyster, 

Isaac  Heyer,  Gilbert  Haight, 

Ralph  Bulkley,  James  Lovett, 

Samuel  Bell,  Leffer  Lefferts, 

John  T.  Lawrence,  Augustus  Wynkoop, 

Joseph  W.  Totten,  John  W.  Gale, 

Isaac  Schermerhorn,  John  F.  Delaplaine, 

Alexander  Reeder,  Peter  Stagg, 

Joseph  Otis,  David  Taylor, 

Lewis  Hartman,  William  Adee, 

Ganet  &  Storm,  Samuel  Stilwell, 

George  Bement,  Jacob  P.  Geraud, 

S.  A.  Rich,  John  Hone, 

Abr'm  Smith,  John  Kane, 

Thos.  H.  Smith,  jr.,  Thomas  Rich, 

Andrew  Foster,  Samuel  Marshall, 

Jacob  Barker,  Elbert  Herring, 


"After  the  same  was  read  Mr.  Taylor  said 
'  that  the  respectability  of  the  subscribers  to  a 
petition  presented  to  this  body,  and  the  im- 
portance of  the  matter  therein  contained,  had, 
on  various  occasions,  been  used  as  induce- 
ments to  us  to  give  such  a  petition  a  respectful 
disposition  in  the  course  of  our  proceedings. 
He  recollected  a  case  in  point.  It  was  the  case 
of  the  petition  of  an  eminent  merchant  of 
Massachusetts,  presented  by  an  honorable  sen- 
ator from  that  State,  and  which,  at  the  sugges- 
tion of  that  honorable  gentleman,  was  by  the 
Senate  ordered  to  be  printed.  He  was  of 
opinion  that  the  petition  just  read  ought  not  to 
be  treated  with  less  attention ;  that  he  had 
seen  the  petition  and  inquired  into  the  charac- 
ter of  its  subscribers,  and  had  been  informed 
that  the  fifty-six  subscribers  to  it  were  among 
the  most  respectable,  wealthy,  and  intelligent 
merchants  of  the  city  of  New  York.  There 
are  to  be  found  in  that  list  the  names  of  two 
presidents  of  banks,  three  presidents  of  insur- 
ance companies,  thirteen  directors  of  banks, 
besides  other  names  of  pre-eminent  standing 
in  the  mercantile  world.  They  had  all  united 
in  the  sentiments  contained  in  the  petition, 
notwithstanding  that  there  existed  among  them 
a  difference  of  political  opinions,  for  he  under- 
stood that  of  the  petitioners  forty-two  were 
federal  and  sixteen  republican.  Mr.  T.  added 
that  he  considered  some  of  the  sentiments  con- 
tained in  the  petition  as  of  the  highest  import- 
ance. He  hailed  it  as  an  auspicious  occurrence 
that  these  honorable  merchants,  in  praying 
that  the  evils  of  war  might  be  averted  from 
them  and  from  the  nation,  had,  nevertheless, 
held  fast  to  the  principles  of  resistance  to  the 
aggressions  and  unhallowed  conduct  of  Great 
Britain  towards  our  nation ;  and  had  exercised 
the  candor  and  frankness  to  bear  testimony  to 
the  efficiency  of  the  restrictive  system  for  ob- 
taining a  redress  of  our  wrongs  and,  of  course, 
the  integrity  and  honor  of  those  who  had  im- 
posed this  system  for  that  purpose.  He  hoped 
that  the  example  of  these  petitioners  would  tend 
to  counteract  those  strenuous  and  unremitting 
exertions  of  passion,  prejudice,  and  party  feel- 
ing which  had  attempted  to  stamp  upon  the 
majority  in  Congress  the  foul  and  unjust 
censure  of  being  enemies  to  commerce ;  that, 
however  unfashionable  and  obstinate  it  might 
appear,  he  still  believed  that  the  embargo  and 
non-importation  laws,  if  faithfully  executed, 
were  capable  of  reaching  further  than  our 
cannon.  We  are,  at  this  very  time,  tendering 
an  urgent  argument — an  argument  to  be  felt 
by  each  city,  village,  and  hamlet  in  England. 
This,  touching  to  the  quick  the  vital  interests 
of  that  empire,  would  demonstrate  to  the  people, 
at  least,  the  folly  and  absurdity  of  the  orders 
in  council.  The  ordeal  of  the  twenty  weeks  of 
scarcity  which  the  people  of  that  unhappy 
country  are  undergoing,  to  relieve  which,  but 
for  the  madness  and  folly  of  their  rulers,  every 
yard  of  American  canvass  would  be  spread  to 


38 


LIFE  OF   JACOB   BARKER. 


the  gales  ;  the  thousands  of  starving  manufac- 
turers thrown  out  of  employ  for  want  of  our 
custom,  which  custom,  but  for  the  injustice  of 
their  masters,  we  were  willing  to  give,  now  feel 
the  efficiency  of  the  restrictive  system.  These 
matter-of-fact  arguments  want  no  sophistry  nor 
long  speeches  to  give  them  weight.  But  Great 
Britain  is  proud  and  will  never  yield  to  this 
sort  of  pressure.  Hunger  has  no  law.  Where 
was  her  pride  during  the  last  war,  when  she 
exported  to  her  enemy  on  the  continent  more 
than  eleven  millions  of  pounds  sterling  for 
provisions,  and,  meanly  truckling  to  her  enemy, 
consented  to  buy  the  privilege  of  laying  out  her 
guineas  for  bread,  and  actually  submitted,  on 
the  compulsion  of  Napoleon,  to  buy  the  wines, 
brandies,  and  silks  of  France  which  she  did 
not  want.  This  restrictive  system,  when  com- 
menced under  the  former  embargo  law,  en- 
countered every  opposition  among  ourselves 
which  selfish  avarice,  which  passion  and  party 
rage,  could  suggest;  and  so  successful  were  its 
assailants  that,  while  it  was  operating  with  its 
fullest  effects,  (which  the  prices  current  of  that 
clay  will  show,)  some  of  its  greatest  champions 
in  the  national  legislature  abandoned  it ;  yes, 
sir,  in  the  tide  of  victory  they  threw  down  their 
arms.  How  are  the  mighty  fallen  and  the 
shield  of  the  mighty  vilely  cast  away.  The 
disavowal  of  Erskine's  arrangement  was  the 
consequence  of  this  retreat.  But  it  may  be 
said  that  the  sentiments  in  the  petition  were 
extorted  by  the  apprehension  of  a  greater  evil — 
war.  In  all  our  trials  those  who  had  not  pre- 
determined to  submit  to  Great  Britain  must 
have  anticipated  this  alternative.  Let  those 
who,  by  their  acrimony,  sneers,  and  scoffs,  have 
thrown  away  this  chief  defence  of  our  nation 
be  held  responsible  for  the  compulsion  they 
have  imposed  on  us  to  take  this  dire  alterna- 
tive. He  said  that  though  he  was  unwilling 
to  abate  a  single  pang  which  we  might  legally 
inflict  upon  our  enemy,  and  might,  at  the  pro- 
per time,  oppose  anything  like  the  swap  pro- 
posed of  one  system  for  another,  when  we  had 
the  power  and  the  right  to  impose  upon  our 
enemy  both  the  one  and  the  other,  he  never- 
theless thought  the  petition  was  deserving  of 
the  attention  which  he  now  moved  it  should 
receive.  He  moved  that  the  petition  should  be 
printed  ;  which  was  agreed  to.'  " 

This  petition  came  too  late ;  the  war  party 
could  not  recede  or  delay  the  measures  they 
had  resolved  on.  The  war  was  declared  on 
the  16th  of  June,  and  the  orders  in  council 
were  rescinded  on  the  7th  of  July  following, 
before  news  of  the  war  reached  England,  thus 
establishing  the  power  of  the  restrictive 
measures.  Congress,  on  a  previous  occasion, 
empowered  the  President,  in  case  the  orders  in 
council  should  be  revoked  during  the  recess,  to 
annul,  by  proclamation,  the   non-importation 


law;  and  so  confident  were  the  British  minis- 
try that  he  would  suspend  the  war  as  soon  as 
he  heard  of  the  repeal  of  the  orders  in  council, 
they  having  been  repealed  before  the  war  was 
known  in  England,  that  they  did  not  send  a  fleet 
to  our  coast  for  more  than  three  months — ocean 
steamboat  navigation  being  not  then  known. 

In  this  confidence  the  United  States  minis- 
ter at  London  participated  to  such  an  extent 
as  to  authorizing  the  loading  of  all  the  Ameri- 
can ships  then  in  England  with  British  fabrics 
for  the  United  States.  They  sailed  under  British 
licenses  and  arrived  in  the  United  States  safe. 
A  great  drought  occurred  at  the  same  time  in 
China,  interrupting  the  navigation  of  her  rivers, 
so  that  teas  and  other  of  her  products  could 
not  reach  Canton  for  a  long  time ;  this  de- 
tained a  large  fleet  of  American  ships  at  Can- 
ton until  after  the  news  of  the  war  reached 
that  place. 

These  measures  combined  saved  the  insur- 
ance companies,  the  ship  owners,  and  the  im- 
porters of  British  fabrics  from  ruin,  which 
seemed  to  be  their  impending  fate  when  the 
war  was  declared. 

Mr.  Madison  did  not  feel  authorized  to  sus- 
pend the  war,  or  relax  the  non-importation 
law.  He  said  the  war  having  been  declared  it 
must  be  continued  until  other  matters  were 
settled. 

When  these  ships  arrived  they,  with  their 
cargoes,  were  forfeited  to  the  United  States  by 
the  provisions  of  the  non  importation  laws, 
which  remained  in  full  force. 

This  immense  amount  of  property  was  re- 
leased on  bond,  and  these  bonds  were  cancelled, 
on  the  payment  of  the  duties,  by  an  act  of  Con- 
gress, which  passed,  after  a  hard  struggle,  by 
the  casting  vote  of  the  Hon.  Langdon  Chevis, 
of  South  Carolina,  then  the  Speaker  of  the 
House  of  Representatives ;  to  the  very  great 
and  praiseworthy  exertions  of  that  distin- 
guished man  the  merchants  in  general  were 
indebted  for  their  escape  from  ruin. 

Mr.  Barker  considers  it  a  fortunate  circum- 
stance that  the  prayer  of  the  petition  was  not 
granted,  and  that  the  war  was  most  glorious  in 
its  results.  Every  American  who  visits  a  for- 
eign country  is  made  to  feel  and  share  in  the 
advantage  of  the  high  consideration  we  have 
acquired. 

The    following,    taken   from    Mr.   Barker's 


NATIONAL   LOAN   OF   SIXTEEN   MILLIONS. 


39 


record,  exhibits  the  conduct  of  himself  and 
others  more  fully  than  can  be  otherwise  de- 
scribed at  this  late  day : 

The  declaration  of  war  having  taken  place, 
the  leaders  of  the  opposition  revived  their  plan 
to  obtain  possession  of  the  reins  of  government 
by  depriving  the  administration  of  the  means 
of  carrying  it  on,  vainly  imagining  that  they 
could  thus  control  the  friends  of  the  country, 
and  defeat  the  measures  of  government.  Many 
federal  men,  however,  dissented  from  those  who 
were  considered  leaders ;  and  though  they 
maintained  their  political  integrity,  determined 
to  do  everything  in  their  power  to  nerve  the 
arm  of  government.  This  state  of  affairs 
afforded  me  an  opportunity  of  becoming  useful, 
because  I  had  ascertained  the  fact  that  the  op- 
position party  had  not  much  money ;  that  the 
whole  secret  was  a  bank-paper  fiction ;  and 
that,  although  they  had  the  control  of  the  prin- 
cipal banks  in  the  United  States,  and  were  but 
more  liable  to  be  influenced  by  whatever  could 
be  made  to  appear  for  the  manifest  interest  of 
such  banks,  everything  depended  ou  negotia- 
tion, which  is  a  science  to  be  acquired  only  by 
practice,  as  much  as  any  of  the  mechanical 
arts. 

On  the  8th  of  February,  1813,  Congress 
passed  an  act  authorizing  the  borrowing  of 
sixteen  millions  of  dollars. 

For  this  loan  the  public  were  invited  by  ad- 
vertisement to  send  in  proposals  to  the  Trea- 
sury Department.  This  appeal  to  the  patriot- 
ism of  the  nation  proved  a  lamentable  failure, 
only  three  millions  nine  hundred  and  fifty-six 
thousand  four  hundred  dollars  having  been 
offered.  Second  notice  was  published  18th 
March,  1813. — See  Book  of  Finance,  vol.  2, 
page  646. 

Having,  for  more  than  ten  years  imme- 
diately preceeding  the  war,  been  very  exten- 
sively engaged  in  foreign  and  domestic  com- 
merce, I  shall  not  be  deemed  vain  to  mention 
that  I  considered  myself  tolerably  well  versed 
in  the  operation  and  nature  of  the  paper  sys- 
tem. Those  circumstances  determined  me  to 
devote  a  great  portion  of  my  time  to  raising 
money  for  the  use  of  government,  as  I  believed 
it  stood  more  in  need  of  such  assistance  than 
of  any  other  which  it  was  in  my  power  to  ren- 
der. I  had  most  cheerfully  subscribed  to  the 
excellent  sentiment  of  an  enlightened  states- 


man '•'  that  the  declaration  of  war  had  put  in 
requisition  the  services  of  every  American 
citizen."  At  the  commencement  of  hostilities 
in  June,  1812,  I  had  an  immense  amount  of 
property  at  sea,  and  could  not  form  a  correct 
opinion  how  my  affairs  would  wind  up.  Al- 
though I  sustained  extensive  losses,  I  still 
obtained  a  large  amount  safe  back,  which 
placed  my  affairs  in  a  favorable  train,  so  that 
in  the  March  following,  when  Mr.  Gallatin  ad- 
vertised for  the  sixteen  million  loan,  I  was 
enabled  to  lend  him  twenty-five  thousand  dol- 
lars, and  prevailed  on  many  of  my  friends, 
also,  to  furnish  him  with  considerable  sums. 
Under  this  advertisement  Mr.  Gallatin  pro- 
cured only  about  four  millions.  He  afterwards 
repeated  his  advertisement,  offering  more  favor- 
able terms  not  only  to  those  who  should,  be- 
fore a  limited  day,  subscribe  under  this  new 
advertisement,  but  to  those  who  had  already 
subscribed  at  the  banks  under  such  second 
advertisement;  he  then  repaired  to  Philadel- 
phia and  borrowed  the  deficiency  of  Girardj 
Parish  and  Astor. 

Mr.  Gallatin  immediately  carried  into  full 
effect  the  conditions  contained  in  his  adver- 
tisement, without  enquiring  whether  they  were 
favorable  or  unfavorable.  His  constant  study 
in  relation  to  his  contracts  was  how  he  could 
best  accommodate  all  parties.  He  knew  full 
well  that  it  is  the  policy  of  all  governments  to 
fulfil  their  contracts  with  perfect  good  faith, 
and  in  such  a  manner  as  to  prevent  dissatisfac- 
tion, inspire  confidence,  and  invite  the  aid  of 
monied  men  towards  the  accomplishment  of 
public  measures.  On  the  other  hand,  he  was 
sensible  that  a  different  course  of  conduct 
would  occasion  distrust,  impair  the  national 
credit,  and  detach  the  wealthy  portion  of  the 
community  from  the  support  of  the  govern- 
ment at  a  time  when  their  assistance  was  not 
only  valuable,  but  indeed,  indispensable  to  the 
general  welfare. 

The  success  of  this  loan,  and  the  prospects 
that  a  peace  would  ensue  from  the  Russian 
mediation,  discouraged  the  opposition,  and 
for  a  while  they  appeared  to  abandon  the  hope 
of  prostrating  the  administration  by  crippling 
their  resources;  but  the  probability  of  a  speedy 
accommodation  with  the  enemy  having  dimin- 
ished, and  money  becoming  more  scarce,  they 
derived  fresh  courage,  and  again  renewed  their 


40 


LIFE    OF   JACOB   BARKER. 


exertions  to  prevent  monied  men  from  invest- 
ing their  funds  in  public  stock.  It  was  now 
evident  that  the  increased  expenses  of  govern- 
ment, together  with  the  rigorous  blockade  of  a 
principal  portion  of  our  coast,  would  render  it 
requisite  for  government  to  resort  to  another 
loan  to  carry  on  its  necessary  operations  for 
the  year  1813.  To  accomplish  such  loan,  I 
considered  it  would  only  be  required  for  the 
friends  of  government  to  be  active.  I  was, 
therefore,  diligent  in  my  enquiries  upon  the 
subject,  and  had  the  satisfaction  to  ascertain 
that  there  were  affluent  individuals  in  New 
York  willing  to  form  an  association  and  to 
tender  to  government  a  considerable  sum. 

To  produce  so  desirable  an  event  became  an 
object  nearest  to  my  heart,  and  as  there  were 
many  federal  merchants  willing  to  embark  in 
such  laudable  association,  I  was  desirous  to 
induce  some  character  of  that  description  to 
undertake  the  agency,  lest  if  I  undertook  it 
political  prejudices,  from  my  having  ever  been 
very  active  in  opposing  the  party  views  of  the 
federalists,  should  operate  against  the  sub- 
scription, or  lest  it  should  be  supposed  that  I 
was  actuated  by  the  commission  of  the  quarter 
of  one  per  cent,  on  the  amount  of  the  sura 
furnished,  which  government  was  in  the  habit 
of  allowing  to  the  agent  by  whom  subscriptions 
were  obtained,  and  thereby  lose  my  influence 
with  individuals  who  had  the  ability  to  sub- 
scribe. This  compensation  would  be  dearly 
earned  by  the  responsibility  that  would  attach 
on  the  agent,  and  doubtless,  stimulate  me,  or 
any  other  man  of  ordinary  prudence,  to  great 
exertions ;  and  when  earned,  we  should  insist 
with  the  same  pertinacity  on  receiving  it,  as 
on  the  return  of  money  lent. 

With  this  view  of  the  subject,  I  applied  to 
Oliver  Wolcott,  esquire,  of  New  York,  opened 
the  affair  to  him,  and  pressed  him  with  con- 
siderable earnestness  to  undertake  the  agency. 
I  promised,  if  he  did  so,  to  procure  subscrip- 
tions for  him  to  a  large  amount.  He  applauded 
the  zeal  which  was  manifested,  and  said  he 
would  think  of  the  matter.  In  a  few  days, 
however,  he  not  only  declined  the  agency,  but 
even  to  become  a  subscriber,  alleging  that  it 
might  interfere  with  existing  arrangements 
between  Mr.  Astor  and  the  government.  I 
then  applied  to  Augustine  H.  Lawrence,  esq., 


and  pressed  the  agency  on  him,  after  some 
consideration,  he  also  declined. 

My  solicitude  for  the  service  to  be  performed, 
was  strengthened  by  the  increased  violence  of 
the  opposition  and  the  confidence  which  they 
felt  in  being  able  to  prevent  the  government 
from  obtaining  money;  and  my  want  of  sue" 
cess  with  the  gentlemen  to  whom  I  had  ap- 
plied at  length  determined  me  to  take  the 
agency.  I  accordingly  opened  a  subscription 
book,  and  with  much  exertion  and  pains  suc- 
ceeded in  procuring  the  following  subscribers 
to  the  loan  to  be  offered  the  United  States  : 


John  Rathbone  &  Son  - 

-       $20,000 

Jacob  Barker 

100,000 

James  Lovett 

25,000 

Gabriel  Havens     - 

10,000 

John  Bullus  -         -         -         - 

10,000 

Brockholst  Livingston  - 

20,000 

John  Mason  - 

5,000 

Stephen  Whitney  - 

10,000 

Freeman  Allen 

25,000 

Thadeus  Phelps    - 

10,000 

John  L.  Broom 

20,000 

Smith  &  Nicoll      - 

20,000 

Walsh  &  Gallagher 

10,000 

Post  &  Minturn     - 

50,000 

John  Howland      ... 

50,000 

Benjamin  Huntington  - 

10,000 

Wright  &  Allen    - 

30,000 

Ayer  Bremner       - 

30,000 

George  W.  Murray 

10,000 

Robert  Chesebrough 

10,000 

Jonas  S.  Roulet     - 

10,000 

John  Colvill  &  Son 

20,000 

Norwood  &  Austin 

10,000 

Samuel  Tooker 

20,000 

W.  &  L.  Vandervoot 

10,000 

Robert  Ainslow     - 

10,000 

John  Icard   -         -         -         - 

20,000 

Boorman  &  Johnson 

10,000 

Leonard  Bleeker   - 

30,000 

Thomas  H.  Smith  - 

10,000 

John  F.  Delaplaine  &  Co. 

10,000 

Isaac   Clason 

500,000 

Lawrence  &  Van  Buren 

10,000 

Theodore  Fowler  - 

150,000 

Philips  Brasher     - 

50,000 

Kelly   &    Morrisen 

20,000 

Mollan  &  Rankin  - 

20,000 

Teterel  &  Williams 

20,000 

SUBSCRIBERS   TO    THE   NATIONAL   LOAN. 


41 


Gurdon  S.  Mumford 

$20,000 

B.  T.  Underbill      ....          $2,000 

Benjamin  Bailey  -         -         - 

10,000 

John  Lefferty         ....            2,500 

Peter  EL   Schenck 

10,000 

B.  Andasiese        ....           2,000 

J.  Prall        --.- 

10,000 

Titus  &  Avery       ....            6,000 

Abraham  Riker  &  Co.  - 

10,000 

John  Russ 4,000 

John  Clendening  - 

20,000 

Irving  &  Smith     ....            5,000 

Thomas  &  Peter  Stagg 

25,000 

John  Shute 10,000 

Joseph  Dederic     - 

10,000 

Henry  W.  Bool      ....           6,000 

Rensselaer  Havens 

20,000 

StateBauk  of  New  Brunswick,  N.  J.         50,000 

James  McBride 

10,000 

Jeremiah  Akerly,  jr.       -         -        -            1,200 

Peter  Murphy 

10,000 

James  Weeks         ....            c,000 

Walter  Morton 

10,000 

W.  H.  Ireland       ....            2,000 

John  Grant  «..-•- 

10,000 

Abraham  Bishop  -                                     25,000 

James  Thompson  - 

20,000 

Jeremiah  F.  Randolph  -        -        -         10,000 

Thompson  &  Edger 

10,000 

David  Dunham      -        -        -        -         16,000 

Peter  Crary,  jr.     - 

10,000 

H.  C.  De  Rhan      ....         32,300 

Louis  Larue  • 
Majahre&  Tardy  - 

25,000 

Luther  Loomis      ....           5,000 

10,000 

Irving  &  Smith     - 

50,000 
20,000 

2,400,000 

P.  &  E.  Irving  &  Co.    - 

A  large  proportion  of  my  subscribers  were 

James  C.  Flack     - 

10,000 

federalists.     But  I  did  not  stop  here,  I  pro- 

James Kelso 

10,000 

ceeded  to  obtain  additional  subscriptions,  and 

Kelso  and  Crimp 

10,000 

made  such  further  arrangements  as  would  ena- 

Bernard Keenan    - 

4,000 

ble  me  to  furnish  five  millions  of  dollars. 

Garrit  Storm 

10,000 

Having  thus  succeeded,  I  repaired  to  Wash- 

Gamaliel Smith     - 

20,000 

ington  to  perform,  what  I  then  considered,  the 

Jase.  &  W.  Danlap 

10,000 

most  pleasing  duty  of  my  life.     I  was  now  ena- 

Austin &  Andrews 

20,000 

bled  to  tender  to  the  government  of  the  coun- 

Jonathan Lawrence 

23,000 

try  which  gave  me  birth  a  loan  of  five  millions 

Samuel  Stillwill     ... 

10,000 

of  dollars,  at  a  period  when  it  was  in  the  utmost 

Van  Horn  &  Morris 

5,000 

distress  for  money,  for  the  purpose  of  defending 

Isaac  Lawrence     - 

25,000 

the  nation  against  the  hostile  attacks  of  a  pow- 

Nicolo Senchich    - 

40,000 

erful  and  implacable  foe.     On  the  day  of  my 

Leonard  Bleeker  - 

20,000 

arrival  at  that  place,  Alexander  C.  Hanson,  a 

Henry  A.  &  John  G.  Coster 

100,000 

member  from  Maryland,  and  the  reputed  editor 

John  Grant  - 

20,000 

of  the   "  Federal   Republican,"   a   newspaper 

Peter  Feviere 

10,000 

printed  at  Georgetown,  Columbia,  delivered  a 

Joseph  Burr  - 

6,000 

very   violent   speech   in   Congress,  in  which, 

Bradhurst  &  Field 

5,000 

among  other  things,  he  stated  that  the  govern- 

F. Wild  man  .... 

4,000 

ment  was  destitute  of  funds,   and  unable  to 

James  Van  Oyke  - 

5,000 

procure  a  single  million  in  all  America  ;  that 

S.  M.  Thompson    - 

10,000 

the  merchants  would  refuse  to  make  further 

Q.  &  S.  Wildman  - 

6,000 

advances ;    and   that   the  administration   had 

John  &  Jacob  Drake 

10,000 

already  obtained  the  last  dollar  in  the  power 

John  H.  Douglas  - 

4,000 

of  its  friends  to  furnish.     He  also  ventured  to 

Philip  S.  Lebreton 

6,000 

declare,  that  gentlemen  who  had  lent  were  sick 

Mehitable  Hunting 

4,000 

of  their  bargain  and  had  been  deceived  by  the 

Samuel  Watkins    - 

5,000 

fallacious    assurances    of    Mr.    Gallatin   that 

W.  Holly       .... 

5,000 

peace  would   arise  from  the  mission  in  which 

Jacob  M.  &  John  M.  Hicks  - 

2,000 

he  was  employed,  and  in  the  fulfilment  of  the 

Bank  of  Wiscasset 

75,000 

duties  of  which  he  was  on  the  point  of  embark- 

James Townsend,  B.  T.  U.    - 

2,000 

ing  for  Russia.    Mr.  Hanson,  in  this  speech 

42 


LIFE   OP   JACOB   BARKER. 


continued  to  allege,  that  his  information  was 
derived  from  the  best  informed  merchants  in 
America,  and  that  he  was  sensible  he  could  not 
be  mistaken. 

An  alarm  of  that  nature  had,  indeed,  gene- 
rally prevailed.  It  was  apprehended  that  the 
government  would  not  be  able  to  procure  re- 
sources to  supply  its  necessities,  or  to  prosecute 
its  measures.  Congress  itself  appeared  dejected 
at  the  gloomy  prospect  which  was  presented. 
In  the  evening,  I  met  with  the  honorable 
Messrs.  Cheaves  and  Calhoun,  of  South  Caro- 
lina, and  Doctor  Bibb,  of  Georgia,  the  latter  a 
member  of  the  committee  of  ways  and  means. 
In  the  course  of  conversation,  I  took  occasion 
to  mention  the  business  which  had  brought  me 
to  Washington.  He  appeared  highly  pleased, 
and  requested  my  permission  to  state  the  facts 
on  the  floor  of  Congress,  in  a  reply  which  he, 
the  next  day,  intended  to  make  to  Mr.  Han- 
son's speech.  I  told  him  that  I  had  not  the 
smallest  objection  to  his  stating  that  an  agent 
had  arrived  from  New  York,  deputed  by  a  large 
number  of  merchants,  without  any  political 
distinction,  and  authorized  to  tender  to  gov- 
ernment a  loan  of  several  millions  of  dollars. 
On  the  next  day  he,  accordingly,  made  such  a 
statement,  which  afforded  the  utmost  satisfac- 
tion to  the  Republican  members,  and  filled  the 
opposition  with  astonishment  and  alarm. 

However  surprising  it  may  appear,  it  is  not 
the  less  true,  that  neither  party  in  Congress 
had  been  apprised  of  the  association  which  I 
had  succeeded  in  forming.  The  information 
was  received  with  the  greatest  emotions,  and 
the  pleasures  and  regrets  of  that  day  will  not 
be  soon  effaced  from  the  recollection  of  the 
members  who  wei-e  present.  Mr.  Bibb  is  said 
to  have  rendered  the  utmost  justice  to  the 
subject. 

Ignorant  that  he  had  afforded  such  state- 
ment, shortly  after  the  conclusion  of  his  speech, 
I  attended  in  the  gallery  of  the  House,  accom- 
panied by  my  father-in-law,  Thomas  Hazard, 
jun.,  where  we  were  met  by  several  of  the  mem- 
bers, who  were  all  anxious  to  learn  the  particu- 
lars of  the  business,  of  which  I  informed  them 
without  hesitation.  Among  the  number  were 
Elisha  R.  Potter,  a  Federal  representative  from 
Rhodelsland,  and  Judge  Benson,a  Federal  mem- 
ber from  New  York;  they  appeared  distressed 
at  the  prospect  of  the  administration  obtaining 


money  to  carry  on  the  war,  and  expressed  an 
anxiety  to  ascertain  the  names  of  the  federal- 
ists who  had  lent  themselves  for  such  purposes. 
I  readily  mentioned  the  most  conspicuous 
characters  among  them,  whom  I  knew  him  to 
be  acquainted  with,  and  added,  that  if  they 
would  call  at  my  lodgings,  they  might  examine 
the  subscription  book,  where  they  would  dis- 
cover the  signatures  and  names  of  many  of 
their  particular  friends.  They  promised  to  do 
so,  and  we  parted. 

Immediately  after  this,  I  became  an  object 
of  denunciation,  calumny,  and  persecution. 
The  Federal  papers  were  let  loose  upon  me. 
The  Federal  Republican,  at  Georgetown,  com- 
menced the  attack,  which  was  followed  through- 
out the  eastern  States,  and  even  extended  to 
the  three  penny  sheet  which  is  printed  at  the 
village  of  New  Bedford.  Several  other  of  the 
towns  in  Massachusetts  united  in  the  warfare 
against  an  individual  whose  only  offence  was  a 
performance  of  his  duties  to  his  country.  The 
"Federal  Republican,"  in  particular,  with  the 
liberality  for  which  it  is  so  justly  distinguished, 
proceeded  to  the  length  of  declaring  me  an 
impostor,  and  insinuated  that  the  names  of  my 
subscribers  had  been  forged.  The  honorable 
Rufus  King,  a  Federal  senator  from  New  York, 
called  upon  me,  and  requested  to  see  the  book 
of  subscriptions,  to  which  I  consented  without 
hesitation.  After  having  examined  it,  he  men- 
tioned that  the  association  was  highly  respecta- 
ble; that  among  the  subscribers  he  found  many 
of  his  particular  friends,  whom  he  knew  to  be 
abundantly  able  to  perform  all  the  engage- 
ments into  which  they  had  entered.  Such  de- 
cided testimony,  however,  was  unable  to  shield 
me  from  slander.  Many  of  the  Federal  mem- 
bers became  extreme  in  their  violence  of  hatred, 
and  others  attempted  to  intimidate  me  with 
respect  to  the  safety  of  the  money  to  be  lent. 
Mr.  Potter,  a  representative  from  Rhode  Island, 
declared  with  great  seriousness,  that  the  Federal 
party  would  soon  possess  the  powers  of  the  gov- 
ernment, and  would  never  consent  to  impose 
taxes  on  the  people  to  pay  either  the  principal 
or  the  interest  to  carry  on  such  a  war. 

I  had  not  repaired  to  Washington  to  obtain 
information,  or  to  be  schooled  by  individuals 
whose  experience  and  acquaintance  with  the 
subject  was  not  superior  to  my  own.  The  only 
effect  produced  by  such  conduct  was,  if  possi- 


INVESTIGATION    OF   THE    SIXTEEN    MILLION    LOAN 


43 


ble,  to  strengthen  my  determination,  and  to 
increase  my  activity  and  zeal  in  supporting  the 
administration.  I  accordingly  waited  on  the 
acting  Secretary  of  the  Treasury,  and  tendered 
to  him  a  loan  of  five  millions  of  dollars,  on  the 
same  terms  as  government  had  allowed  for  the 
sixteen  million  loan,  observing,  that  although 
better  terms  might  be  obtained,  we  had  deter- 
mined to  offer  the  money  on  such  conditions 
as  had  recently  been  agreed  to  by  the  gov- 
ernment. 

>  The  acting  Secretary  replied  that,  inasmuch 
as  no  law  authorizing  a  loan  had  as  yet  passed, 
he  could  not  say  anything  decisive  on  the  sub- 
ject In  the  course  of  a  day  or  two  afterwards, 
a  bill  to  authorize  a  loan  was  introduced ; 
while  it  was  under  debate  in  the  Senate,  the 
honorable  Mr.  King  presented  a  resolution 
calling  for  the  documents  and  papers  in  rela- 
tion to  the  terms  on  which  the  sixteen  million 
loan  had  been  obtained.  He  stated,  with  great 
earnestness,  that  the  most  injurious  conditions 
had  been  allowed,  and  that  when  papers  came 
to  light  a  more  disgraceful  transaction  would 
appear  than  had  ever  been  witnessed  in  the 
treasury  department  of  any  country. 

On  taking  his  seat,  he  was  asked  by  Jere- 
miah Mason,  a  senator  from  New  Hampshire, 
how  he  obtained  his  information  ?  he  replied 
"from  Mr.  Sheldon,  of  the  Treasury." 

Mr.  Barker  and  Mr.  Hazard  were  in  the  gal- 
lery and  heard  this  conversation  ;  the  former 
being  a  subscriber  to  the  amount  of  $25,000  to 
Mr.  Gallatin's  loan,  supposing  himself,  from 
the  tenor  of  the  advertisement  for  the  loan, 
interested  in  the  secret  article,  repaired  imme- 
diately to  the  Treasury  departmentand  inquired 
of  Mr.  Sheldon  how  he  came  to  allow  Mr. 
Gallatin  to  make  such  a  disgraceful  contract 
with  Messrs.  Girard  and  Parish. 

Mr.  Sheldon  replied,  that  Mr.  Gallatin  was  a 
thousand  miles  off  before  he  found  it  out,  and 
then  by  accident  he  came  across  the  paper 
which  had  been  endorsed  and  filed  away  by 
Mr.  Gallatin  himself,  no  doubt  for  the  purpose 
of  concealing  it  from  the  treasury  clerks. 

Mr.  Barker  inquired  of  him  if  it  was  kind  in 
him  to  expose  the  article  to  the  political  oppo- 
nents of  Mr.  Gallatin,  to  be  used  against  him 
in  his  absence  ;  "  yes,"'  added  Sheldon,  "  the 
good  of  the  country  requires  it,  the  administra- 
tion are  incapable  to  conduct  the  affairs  of  the 


nation,  and  the  sooner  they  are  made  to  resign 
the  better." 

About  this  time  there  was  an  intrigue  on  foot 
to  induce  the  President  to  dismiss  his  cabinet 
ministers,  or  a  great  part  of  them,  appointing 
in  their  places  his  political  opponents.  Seven 
or  eight  Democratic  members  of  Congress 
from  New  York,  alarmed  at  the  progress  of 
the  war  and  the  condition  of  the  treasury,  had 
subscribed  an  address  to  the  President  to  that 
effect. 

These  men  were  led  on  by  Jonathan  Fisk,  a 
member  from  Orange  county,  New  York,  and 
were  opposed  by  a  greater  number  of  the  New 
York  democratic  members,  at  the  head  of  whom 
was  John  W.  Taylor,  a  member  from  Saratoga, 
New  York. 

Mr.  Barker,  having  an  intimacy  with  Mr. 
Madison,  had  something  to  say  on  the  subjeet; 
this  new  device  to  distract  and  destroy  the 
party  did  not  succeed. 

The  Federal  party  had  opposed  a  proposed 
land  tax,  because  the  Democratic  party  would 
not  reinstate  the  old  Federal  land  tax  ;  on  that 
occasion,  the  Hon.  Mr.  Eppes,  of  Virginia, 
chairman  of  the  committee  of  ways  and  means, 
said,  the  House  would  never  agree  to  reinstate 
that  law  ;  the  Democratic  party  had  trouble 
enough  to  get  rid  of  the  odious  tax  when  it  was 
not  wanted ;  it  was  now  wanted,  and  he  would 
vote  for  it  for  one  year  and  so  on  annually,  and 
as  long  as  it  should  be  wanted,  but  the  House 
would  not  again  lose  the  power  of  saying  when 
it  should  cease,  which  would  be  the  case  if  made 
dependent  on  the  vote  of  the  Senate,  or  the 
veto  of  a  President.  I  consider  Mr.  King  to 
be  a  man  of  too  much  intelligence  and  honor 
to  have  rested  an  accusation  upon  so  ground- 
less a  basis,  had  he  been  acquaiuted  with  its 
imbecility  ;  and,  therefore,  I  still  retain  the  im- 
pression, that  he  had  been  induced  to  attach 
more  weight  to  the  information  of  Mr.  Sheldon, 
than  it  was  afterwards  found  to  merit. 

Mr.  King's  resolution  was  as  follows: 

"  Resolved,  That  the  President  of  the  United 
States  be,  and  he  is  hereby,  requested  to  cause 
to  be  laid  before  the  Senate  the  terms  upon 
which  the  loan  made  in  pursuance  of  'An  act 
authorizing  a  loan  for  a  sum  not  exceeding 
sixteen  millions  of  dollars,'  passed  the  eighth 
day  of  February  last,  has  been  obtained  or  con- 
tracted for,  together  with  a  copy  of  such  con- 
tract." 


44 


LIFE   OF  JACOB  BARKER. 


The  resolution  was  unanimously  passed  on 
the  26th  of  July,  1813. — (See  Journal  of  the 
Senate  for  1813,  page  352.)  Responded  to, 
(Book  of  Finance,  vol.  2,  page  647,)  being  a 
letter  from  David  Parish  and  Stephen  Girard, 
accepted  by  Mr.  Gallatin,  in  words  and  figures 
following: 

''Philadelphia,  April  5,  1813. 

"  In  consequence  of  the  notice  given  by  the 
Treasury  Department  under  date  of  the  13th 
of  March,  1813,  that  proposals  will  be  received 
by  you  for  the  whole  or  part  of  the  residue  of 
the  loan  of  sixteen  millions  of  dollars,  we  here- 
with beg  leave  to  offer  to  take  as  much  stock 
of  the  United  States,  bearing  interest  at  six 
per  cent,  per  annum,  payable  quarter  yearly, 
the  stock  not  to  be  redeemed  before  the  31st 
December,  1825,  at  the  rate  of  $88  for  a  cer- 
tificate of  $100,  as  aforesaid,  as  will  amount  to 
the  sum  of  eight  millions  of  dollars,  or  to  the 
residue  of  the  said  loan,  providing  you  will 
agree  to  allow  us  the  option  of  accepting  the 
same  terms  that  may  be  granted  to  persons 
lending  money  to  the  United  States  by  virtue 
of  any  law  authorizing  another  loan  for  the 
service  of  the  year  1813  that  Congress  may 
pass  before  the  last  day  of  the  present  year. 

"With  regard  to  the  payments  of  the  instal- 
ments on  the  amount  to  be  loaned  by  us,  we 
shall  expect  to  enter  with  you  into  such  arrange- 
ments as  will  be  mutually  accommodating. 

"  We  are,  with  high  regard,  sir,  your  most 
obedient  servants, 

"DAVID  PARISH, 
"STEPHEN  GIRARD. 

"  To  Hon.  Albert  Gallatin, 

"  Secretary  of  the  Treasury. 
"  To  be  paid  at  Stephen  Girard's  bank.     Ste- 
phen Girard  for  self  and  David  Parish." 

When  this  report  from  the  President  came 
into  the.  Senate  it  was  manifest  that  it  had  been 
made  necessary  to  enable  the  treasury  to  get 
the  money,  and  intended  to  have  been  kept  a 
secret  pending  the  period  it  had  to  run,  lest  it 
should  affect  the  price  of  stock.  It  was  an 
indemnity  to  the  lenders  which  all  governments 
have  to  make  to  support  the  price  of  their 
stocks. 

The  acting  Secretary  of  the  Treasury  in  his 
report  of  the  terms  on  which  this  loan  was 
obtained,  and  the  finances  of  the  treasury  gen- 
erally, made  to  Congress  on  the  2d  June,  1813, 
does  not  mention  the  condition,  or  in  any  way 
refer  to  it. 

That  part  of  the  transaction  alluded  to  by 
Senator  King,  and  with  respect  to  which  he 
had  been  evidently  misinformed,  appeared  upon 


investigation  to  amount  to  nothing  more  than 
this  precise  condition  allowed  by  Mr.  Gallatin 
to  Messieurs  Girard  and  Parish,  to  wit :  that  if 
any  more  favorable  terms  should  be  allowed  by 
the  United  States  for  money  borrowed  under 
any  law  which  should  be  passed  before  the  last 
day  of  that  year  to  defray  the  expenses,  that 
they  should  have  the  benefit  of  such  more 
favorable  terms. 

The  perusal  of  the  documents  rendered  it 
further  evident  that  every  possible  exertion  had 
been  made  by  Mr.  Gallatin  to  obtain  money 
without  granting  such  a  condition,  but  without 
success,  and  that  no  alternative  had  remained 
except  either  to  allow  the  condition  required  or 
become  unable  to  procure  the  money. 

So  well  satisfied  was  Mr.  King,  and  every 
other  member,  of  the  propriety  of  Mr.  Gallatin's 
conduct,  that  after  the  documents  had  been 
read  not  a  single  word  of  complaint  was  uttered 
in  the  Senate. 

My  impression  then  was  that  Mr.  Sheldon 
had  barely  communicated  his  own  opinions  of 
the  transaction  to  Mr. King,  without  mentioning 
to  him  the  precise  nature  or  terms  of  the  con- 
tract, or  other  circumstances  upon  which  those 
opinions  had  been  formed. 

On  the  2d  of  August,  1813,  a  law  was  passed 
authorizing  a  loan  of  seven  millions  and  a  half 
of  dollars. 

I  immediately  afterwards  waited  on  Mr. 
Jones,  and  repeated  my  offer  to  loan  five 
millions  upon  the  same  terms  which  were 
allowed  for  the  sixteen  million  loan.  He  was 
friendly  and  polite,  but  declined  to  enter  upon 
any  decision  for  some  days,  and  intimated  that 
he  expected  to  obtain  it  on  better  terms,  and 
should  probably  advertise  for  it.  He  did  so, 
and  when  I  offered  two  millions,  and  my  friend, 
Fitz  G.  Halleck,  of  New  York,  an  additional 
four  hundred  thousand  dollars  in  my  behalf,  a 
greater  amount  than  seven  and  a  half  millions 
having  been  offered,  only  seventeen  hundred 
and  twenty  three  thousand  dollars  of  the  two 
millions  four  hundred  thousand  offered  by  us 
were  accepted,  this  amount  of  money  was 
promptly  furnished. 

The  "Federal  Republican"  and  other  news- 
papers were  severe  and  lavish  in  their  censures 
against  those  federal  merchants  of  New  York 
who  were  advancing  their  monies  to  govern- 
ment to  support  such  a  war. 


PETITION   FOR   A   NATIONAL   BANK. 


45 


Shortly  after  the  seven  and  a  half  million 
loan  was  closed,  money  became  more  scarce, 
and  the  wants  of  government  appeared  to 
increase.  The  alarm  that  it  would  not  be 
able  to  obtain  resources  became  general,  when 
the  solicitude  I  felt  for  the  success  of  our  arms 
induced  me  to  meet  and  consult  with  several  of 
my  acquaintances  for  the  purpose  of  devising 
some  plan  to  render  efficient  and  acceptable 
aid.  Upon  such  consultation,  we  coincided  in 
opinion  that  the  establishment  of  a  national 
bank  would  be  the  most  beneficial  measure 
which  government  could  adopt  to  procure 
funds  and  to  place  its  finances  in  a  flourishing 
situation.  A  petition  to  Congress  for  such  an 
institution  was  accordingly  prepared.  I  pre- 
sented it  to  many  of  our  wealthy  citizens,  with- 
out distinction  of  party,  and  obtained  their 
signatures.  In  making  this  application,  John 
Wells,  esq.,  a  distinguished  federal  lawyer  of 
this  city,  was  very  active,  and,  with  pleasure,  I 
take  this  occasion  to  remark,  that  I  consider 
him  one  of  the  most  enlightened  and  honorable 
men  in  America,  and  one  that  would  make  as 
great  sacrifices  as  any  man  to  promote  her 
best  interest.  Copies  of  it  were  transmitted 
to  Boston,  Philadelphia,  Baltimore,  Norfolk, 
Charleston,  and  Savannah,  requesting  a  co- 
operation, which  succeeded  at  Philadelphia, 
but  not  at  the  other  places.  Two  petitions, 
one  from  the  latter  place,  and  the  other  from 
this  city,  were  presented  to  Congress.  I  re- 
paired to  Washington  in  January,  1814,  and 
remained  there  until  after  Congress  adjourned, 
endeavoring  to  convince  the  members  of  both 
houses  that,  without  the  establishment  of  a 
national  bank,  government  would  be  unable  to 
obtain  a  sufficiency  of  money  for  necessary 
public  purposes.  Many  of  the  members  con- 
curred in  the  same  opinion,  and  endeavored  to 
procure  the  passage  of  a  law  for  such  estab- 
lishment, but  all  their  efforts  proved  unavailing. 

I  waited  on  the  President,  the  Vice  Presi- 
dent, the  Secretaries  of  State,  the  Treasury,  of 
War,  and  of  the  Navy,  and,  by  the  strongest 
and  most  impressive  arguments  in  my  power  to 
suggest,  represented  the  impossibility  of  bor- 
rowing sufficient  sums  to  answer  national 
exigencies,  and  that  if  Congress  should  adjourn 
with  a  reliance  upon  loans  they  would  be 
awfully  disappointed.  I  frequently  heard  the 
late  Vice  President  and  the  late  Secretary  at 


War  converse  with  members  of  Congress  upon 
the  subject.  They  both  repeatedly  expressed 
their  opinion  that  if  Congress  should  adjourn 
without  establishing  a  national  bank  that  the 
President  would  be  under  the  necessity  of 
convening  them  in  a  few  months  for  the 
express  purpose  of  providing  ways  and  means. 
Mr.  Campbell,  the  new  Secretary  of  the  Trea- 
sury, entertained  also  serious  alarms  with 
respect  to  the  inadequacy  of  the  means  which 
had  been  adopted  to  call  forth  the  public 
resources,  and  used  every  argument  in  his 
power  with  the  committee,  and  with  individual 
members,  to  induce  their  exertions  in  favor  of 
a  bank.  Being  unsuccessful  in  relation  to  this 
measure,  and  believing  that  by  prohibiting  the 
exportation  of  specie  the  existing  banks  would 
be  enabled  to  loan  large  sums,  and  that  the 
public  interest,  for  other  reasons,  required  such 
prohibition,  the  measure  was  recommended  by 
the  President  in  a  message  to  both  houses  of 
Congress.  The  subject  was  debated  in  the 
House  of  Representatives,  and  not  agreed  to; 
immediately  after  which  Mr.  Campbell  applied 
to  members  of  the  Senate,  and  pressed  upon 
them  the  necessity  of  the  measure,  when  it  was 
taken  up  in  that  body,  and  disagreed  to  by 
them. 

Most  of  the  federal  members  in  Congress 
opposed  the  establishment  of  a  national  bank 
with  great  vehemence.  Some  of  them  took 
occasion  to  reprobate  the  petitioners  in  its 
favor,  and  Dr.  Seybert,  of  Philadelphia,  a 
republican  member,  who  was  upon  constitu- 
tional grounds  averse  to  the  measure,  appeared 
to  unite  in  the  censure.  He  intimated  that  the 
alleged  difficulty  of  procuring  money  was 
made  as  a  threat  with  a  view  to  coerce  Con- 
gress to  consent  to  it.  Such  insinuation  I 
considered  unkind.  Nothing  could  be  further 
from  the  fact.  I  had  expressed  my  real  opin- 
ions to  that  gentleman  with  perfect  sincerity. 
The  information  I  had  afforded  him  and  others, 
that  money  could  not  be  borrowed,  was  not 
grounded  on  a  reason  that  the  possessors  would 
withhold  it  for  the  purpose  of  compelling  Con- 
gress to  institute  a  bank,  but  because  the 
money  market  was  exhausted — because  many 
commercial  men  were  averse  to  loaning,  and 
were  equally  averse  to  a  bank,  inasmuch  as 
they  knew  it  would  furnish  the  government 
with  means  to  borrow  as  much  money  as  was 


46 


LIFE   OF  JACOB   BARKER. 


wanted,  and,  thereby,  defeat  the  prospect  of 
obtaining  a  new  administration  by  embarras- 
sing the  operations  of  the  present.  I  conversed 
with  some  of  the  federal  members  on  the  sub- 
ject of  a  national  bank,  they  observed  that  if 
the  charter  of  the  old  bank  had  been  renewed 
the  government  would  have  had  a  plenty  of 
money ;  so  far  from  this  opinion  being  well 
founded,  they  would  not  have  been  able  to 
have  borrowed  so  much  money  from  the  old 
bank  as  they  have  borrowed  of  existing  banks, 
who  have  been  induced  to  loan  it  in  conse- 
quence of  having  the  benefit  of  the  business  of 
government,  which  they  would  not  have  had  if 
the  old  bauk  had  been  continued,  the  whole 
circulation  of  the  country  would  have  been 
occupied  by  its  notes  and  its  capital  lent  to 
those  who  could  not  return  it  during  the  war ; 
whereas  the  whole,  by  the  establishment  of  the 
new  bank,  could  be  converted  to  the  use  of  the 
government.  The  government  would  not,  at 
this  time,  have  had  the  power  to  relieve  itself 
by  the  establishment  of  a  national  bank.  The 
opinions  which  I  then  entertained  were  ex- 
pressed in  a  letter  written  by  me  to  the  Hon. 
John  Tayler,  at  Albany,  the  lieutenant  gov- 
ernor of  the  State  of  New  York,  requesting  his 
influence  with  the  New  York  legislature  to 
pass  a  law  conveying  to  Congress  the  right  of 
establishing  a  national  bank  in  our  city,  believ- 
ing that  such  a  law  would  remove  the  consti- 
tutional objections  to  such  an  establishment, 
of  which  letter  the  following  is  an  extract : 

"  I  have  been  here  about  one  month  applying 
for  a  national  bank,  in  which  I  shall  probably 
be  successful,  as  all  seem  convinced  such  an 
establishment  would  be  of  very  great  assistance 
to  government,  and  there  is  not  any  truth  of 
which  I  am  more  thoroughly  convinced  than 
that  without  a  national  bank  it  will  be  impossi- 
ble for  government  to  procure  on  loan  the 
present  year  one  half  the  money  which  will  be 
indispensably  necessary  to  conduct  the  war 
with  effect,  and  preserve  the  honor  of  the 
nation,  and  nothing  will  be  so  injurious  to  the 
nation,  and  so  effectually  prostrate  the  repub- 
lican party  at  the  feet  of  our  opponents,  as  for 
our  resources  to  fail,  it  will  cause  the  war  to 
languish,  and  the  troops  to  be  withdrawn  from 
the  field." 

On  the  24th  of  March  Congress  passed  a  law 
authorizing  the  President  to  borrow  twenty-five 
millions  of  dollars.  It  was  advertised  for,  to  be 
closed  on  the  2d  of  May. 

I  procured  a  communication  to  be  inserted  in 


the  National  Intelligencer,  in  which  I  en- 
deavored to  prove  that  it  was  not  possible  to 
borrow  more  than  seven  and  a  half  millions  in 
the  United  States,  and  that  it  would,  therefore, 
be  exceedingly  unwise  for  Congress  to  adjourn 
without  making  further  provision. 

The  Bpring  campaign  was  opening,  the 
whole  frontier  exposed  to  the  incursions  of  the 
Indians  and  assaults  of  the  British,  who  were 
burning  our  frontier  towns,  and  our  coast  par- 
tially blockaded.  Notwithstanding,  Congress 
adjourned  the  latter  part  of  April,  ignorant  of 
the  fate  of  the  loan  so  soon  to  be  decided,  and 
without  making  other  provision  for  the  success 
of  the  war. 

Before  leaving  New  York  I  had  exerted  myself 
to  the  utmost  of  my  power  to  form  an  association 
to  furnish  the  government  with  more  money,  and 
procuring  the  following  subscriptions: 


Isaac  Lawrence 

-    $25,000 

Fred.  De  Peyster 

-      25,000 

John  Rathbone,  jr.    - 

-      25,000 

Francis    Depau 

-      20,000 

James  Lovett    - 

-     20,000 

Edmund  Edmendorf 

5,000 

Wm.  P.  Van  Ness    - 

-     25,000 

Walter   Morton 

-      10,000 

Benj.  Huntington 

-      10,000 

AValter   Bowen 

-      20,000 

Wm.  Van  Ness 

-      20,000 

Alex.  Ferguson 

200 

Edmund   Elmundorf 

5,000 

David  Delapierre 

3,000 

Philip   S.   L.  Breton 

-      10,000 

John  L.  Broome 

-      20,000 

Frederick  Brune 

-      15,000 

James  R.  Wilson 

-      30,000 

John  Icard 

-      10,000 

Earl  De  Pearce 

5,000 

Isaac  Jones 

4,000 

John  M.  Hicks  \ 
HiVk"  f 

2,000 

-LLlCiio    J 

309.200 

Although  this  loan  was  to  be  closed  on  the 
second  of  May,  Congress  adjourned  on  the 
latter  part  of  April,  totally  ignorant  of  the  fate 
which  would  attend  it,  without  making  any 
other  provision  for  the  prosecution  of  the  war. 
It  was  the  universal  opinion  of  the  nation  that 
it  could  not  succed,  and  I  do  not  believe  there 
was  one  solitary  individual,  acquainted  with  the 


OFFERS   TO  LOAN   MORE   MONEY 


47 


state  of  the  money  market,  who  believed  that 
the  whole  ten  millions  could  be  obtained  on  any 
terms  whatever.  The  Republican  party  felt 
the  greatest  dejection  on  this  account.  I  had 
opened  a  subscription  book  in  New  York,  but 
had  not  yet  procured  two  hundred  thousand 
dollars  to  be  subscribed.  On  the  other  hand, 
leaders  of  the  Federal  party  were  very  much 
elated  by  the  prospect  of  the  loan's  failing.  To 
insure  such  failure,  and  to  produce  that  state 
of  public  embarrassment  which  they  so  much 
desired,  their  speeches  in  Congress,  and  in  the 
several  State  legislatures,  together  with  their 
publications  in  the  newspapers,  were  directed 
to  that  end.  The  Boston  brokers  and  stock- 
jobbers acted  their  part  in  the  plot  with  the 
utmost  industry,  by  running  on  the  New  York 
banks  for  specie,  by  offering  stock  at  auction, 
by  making  sham  sales,  and  by  bidding  it  off 
to  each  other  with  no  other  view  than  to  de- 
preciate and  disgrace  it ;  at  this  time  I  held  a 
large  amount  of  public  stock,  the  sale  of  which 
became  necessary  to  enable  me  to  furnish  the 
goverment  with  more  money.  I  visited  Wash- 
ington, had  several  conversations  with  the 
Secretary  of  the  Treasury  on  the  subject  of 
the  proposed  loan,  informing  him  that  I  in- 
tended to  offer  a  half  million  of  dollars  at  85, 
recpiiring  the  same  condition  that  had  been 
allowed  Messrs.  Girard  and  Parish ;  he  ex- 
pressed a  wish  to  obtain  the  money  at  88,  the 
same  rate  as  Mr.  Gallatin  had  allowed;  he 
thought  such  a  contract  would  induce  an  im- 
mediate peace,  in  which  case  the  stock  at  88 
would  be  a  good  speculation  ;  and  if  the  war 
should  be  continued,  the  condition,  if  allowed, 
would  protect  the  holders  of  the  stock,  adding 
that  the  President  had  received  a  confidential 
letter  from  Mr.  Gallatin,  one  of  the  peace  mis- 
sion under  the  Russian  mediation,  saying,  that 
the  British  ministry  had  advice  from  their 
friends  in  the  United  States,  that  it  would  be 
impossible  for  the  Washington  administration 
to  obtain  a  sufficiency  of  money  to  conduct 
another  campaign  ;  that  if  they  would  defer  ne- 
gotiations for  peace,  Mr.  Madison  and  his  cabi- 
net would  have  to  resign,  their  friends  come 
into  power,  with  whom  a  peace  could  be  nego- 
tiated on  more  favorable  terms.  Therefore, 
the  Secretary  urged  the  necessity  of  a  contract 
for  a  loan  at  old  rates. 

Mr.  Barker  never  believed  that  if  the  Federal 


party  had  got  into  power  they  would  have  made 
any  dishonorable  concessions  to  Britain  ;  all 
they  wanted  was  the  control  of  the  government 
and  a  division  of  the  spoils;  those  objects 
attained,  he  believed  they  would  have  been  as 
tenacious  of  the  nation's  honor  and  rights  aa 
the  Democratic  party. 

Congress  adjourned  after  passing  a  law 
authorizing  the  issue  of  treasury  notes  and  a 
loan  of  twenty-five  millions  ;  the  treasury  de- 
partment invited,  by  advertisement,  proposals 
for  10  millions  in  part;  a  greater  sum  was  wanted, 
but  the  Secretary  was  apprehensive  that  if  he 
advertised  for  a  larger  amount,  it  would  mili- 
tate against  offers,  and  so  he  stated  in  his 
report  to  Congress. — See  book  of  Finance,  vol. 
2,  page  841. 

When  Mr.  Gallatin  contracted  at  88,  the 
market  price  was  90  to  91,  at  this  time  it  was 
down  to  85  to  88;  it  is  the  universal  custom 
when  governments  contract,  to  do  it  at  a  rate 
several  per  cent,  below  the  retail  market  price, 
yet  the  considerations  urged  by  the  Secretary 
induced  Mr.  Barker  to  offer  at  88,  addressing 
to  the  Secretary  a  letter  in  words  and  figures 
following: 

"  Washington,  4  Mo.  28,  1814. 

"  Respected  Friend  :  I  will  loan  to  govern- 
ment five  millions  of  dollars,  and  pay  £75,000 
sterling  of  it  to  their  bankers  in  London,  on 
or  before  the  10th  of  December  next,  to  be 
estimated  at  the  current  rate  of  exchange  at 
Philadelphia,  on  the  15th  day  of  July  next, 
and  the  balance  I  will  pay  at  the  periods  men- 
tioned in  thy  advertisement  of  the  4th  April, 
to  their  credit,  in  such  banks  of  the  United 
States,  as  may  be  agreeable  to  thee. 

"  On  the  payment  of  each  installment,  funded 
stock  to  be  issued  for  one  hundred  dollars  for 
each  eighty-eight  dollars  received.  It  being 
understood  and  agreed,  that  if  terms  more 
favorable  to  the  loaners  be  allowed  for  any 
part  of  the  twenty-five  millions  authorized  to 
be  borrowed  the  present  year,  the  same  terms 
are  to  be  extended  to  this  contract ;  and  that 
such  incorporated  banks  as  may  assist  me  in 
carrying  this  contract  into  effect  shall  have 
the  business  of  government  at  the  places  of 
their  establishment,  especially  the  collection  of 
bonds  given  for  duties  and  other  custom-house 
deposits,  thee  being  first  perfectly  satisfied  as 
to  their  solidity  and  capacity  to  do  the  business 
well,  and  to  retain  the  right  to  take  it  from 
them,  or  either  of  them,  the  moment  thee  may 
doubt  as  to  the  solidity  of  such  bank  or  banks. 
The  notes  of  such  of  those  banks  as  may  be 
established  in  New  York,  Boston,  Philadelphia, 
and  Baltimore,  to  be  received  by  all  the  col- 


48 


LIFE   OF  JACOB   BARKER. 


lectors  of  the  customs  or  imposts,  and  of  inter- 
nal taxes,  and  by  all  land  officers  the  same  as 
specie,  for  which  purpose,  instructions  to  be 
given,  immediately,  from  the  proper  depart- 
ment. The  notes  of  no  other  bank,  out  of  the 
district  where  the  collection  is  made,  to  be 
received  in  such  payments.  If  there  is  no 
bank  in  such  district,  the  notes  of  one  other 
bank  may  be  received  in  such  payment.  Each 
collector,  or  other  officer  who  receives  the  notes 
of  any  of  the  aforesaid  banks,  to  remit  them 
weekly  to  the  banks  who  issued  them,  to  be  by 
them  placed  to  the  credit  of  government  the 
same  as  specie  deposited,  their  receipt  to  be 
stopped  the  moment  thou  doubts  the  solidity 
of  the  banks  issuing  them. 

"  For  the  amount  payable  in  London,  funded 
stock  to  be  issued,  bearing  interest  from  the 
fifteenth  day  of  July,  and  delivered  to  me  on 
my  giving  satisfactory  security  that  the  money 
shall  be  punctually  paid.  The  rate  of  exchange 
to  be  settled,  on  that  day,  by  the  presidents  of 
any  three  banks  in  Philadelphia  which  thou 
may  name. 

"  A  commission  of  one  quarter  of  one  per  cent. 
to  be  allowed  me  on  the  amount  loaned. 

''  With  great  respect  and  esteem,  I  am  thy 
assured  friend, 

"JACOB  BARKER. 
"The  honorable  George  W.  Campbell, 

"  Secretary  of  Treasury." 

The  Secretary,  after  consideration,  returned 
the  letter  to  me,  saying,  that  he  could  not 
take  from  the  banks  which  had  hitherto  ac- 
commodated government  the  whole  of  the 
public  business,  and  that  he  was  not  willing  to 
give  so  extensive  an  order  to  the  collectors,  but 
that  if  he  could  not  get  the  money  otherways. 
he  might  extend  a  reasonable  proportion  of 
the  public  business  to  other  banks,  and  that 
he  did  not  see  any  objection  to  ordering  the 
principal  banks  with  which  the  treasury  did 
their  business  to  receive  from  the  collectors 
the  notes  of  some  of  the  principal  banks  in  the 
large  cities,  which  would  answer  all  the  pur 
poses  contemplated  by  me,  as  the  collectors 
were  already  ordered  to  receive  all  such  bank 
notes  for  duties  and  taxes  as  the  banks  where 
they  made  their  deposits  would  receive  as 
money,  saying,  that  if  the  money  should  be 
offered  without  the  condition  for  further  benefit 
on  admissible  terms,  he  should  not  agree  to 
any  condition  not  expressed  in  the  treasury 
advertisement,  yet  as  it  might  not  be  offered 
unconditionally,  he  desired  me  to  make  new 
proposals,  separating  the  offer  of  loan  from 
that  requiring  the  patronage  for  the  banks,  and 
in  stating  the  patronage  requisite  to  enable  me 


to  procure  five  millions,  he  desired  me  to  re- 
quire as  small  a  portion  as  possible,  as  he  was 
solicitous  to  favor  the  banks  which  had  hitherto 
accommodated  government.  He  observed,  that 
he  did  not  perceive  any  objection  to  receiving 
a  part  of  the  money  in  Europe,  as  the  govern- 
ment would  be  under  the  necessity  of  pur- 
chasing bills  to  remit  in  July  or  August,  if 
they  did  not  receive  a  part  of  it  there.  Pur- 
suant to  his  request,  I  separated  my  proposal, 
and  asked  for  only  half  the  public  business, 
and  adopted  his  plan  in  relation  to  the  banks 
receiving  the  notes  of  other  banks  in  lieu  of 
the  collectors  receiving  them,  as  appears  more 
fully  by  the  two  letters  I  delivered  to  him  on 
that  subject,  of  which  the  following  are  copies: 

"Washington,  4  Month  30,  1814. 

"  Esteemed  Friend  :  Enclosed  I  hand  thee  a 
proposal  to  loan  five  millions  of  dollars.  In 
case  it  should  be  accepted,  it  is  to  be  understood 
that  such  incorporated  banks  established  at 
Salem,  Boston,  New  York,  Philadelphia,  Balti- 
more and  Charleston,  as  should  assist  me  in 
carrying  it  into  effect,  shall  have  one  half  the 
business  of  government,  especially  the  collec- 
tion of  bonds  given  for  duties  and  other  cus- 
tom-house deposits,  thee  being  first  perfectly 
satisfied  as  to  their  solidity  and  capacity  to  do 
the  business,  and  to  retain  the  right  to  take  it 
from  them,  or  either  of  them,  the  moment  thee 
may  doubt  as  to  the  solidity  of  such  bank  or 
banks.  The  notes  of  such  of  those  banks  as 
may  be  established  in  New  York,  Boston, 
Philadelphia  and  Baltimore,  to  be  received  the 
same  as  specie  by  all  the  banks  with  which 
government  may  do  business  at  New  Orleans, 
Savannah,  Charleston,  Norfolk,  Baltimore,  Wil- 
mington, Delaware,  Philadelphia,  New  York, 
and  in  the  New  England  States,  for  which  pur- 
pose instructions  to  be  given  from  the  proper 
department.  Each  bank  which  receives  the 
notes  of  any  of  the  aforesaid  banks,  to  place 
them  to  the  credit  of  the  bank  that  issued 
them.  The  amount  to  be  by  such  bank  placed 
to  the  credit  of  government,  from  time  to  time, 
on  a  presentation  of  a  certificate  of  the  amount 
thus  placed  at  their  disposal;  the  receipt  of 
any  or  all  such  notes  to  be  stopped  the  moment 
thee  doubts  the  solidity  of  the  banks  issuing 
them.  I  confidently  hope  to  procure  all  the 
assistance  I  shall  require  from  the  bank  of 
America  in  New  York,  and  one  of  the  most 
respectable  banks  at  Boston.  My  wish  is  to 
confine  all  the  operations  to  one  or  two  banks. 

"  With  great  respect  and  esteem,  I  have  the 
honor  to  be,  thy  assured  friend, 

"JACOB  BARKER. 

■'  The  honorable  G.  W.  Campbell, 

"  Secretary  of  Treasury.'1'1 


NEGOTIATIONS   FOR   THE   LOAN. 


49 


"  Washington,  4  Mo.,  30,  1814. 

'•  Respected  Friexd  :  I  will  loan  to  govern- 
ment five  millions  of  dollars,  and  pay  seventy 
five  thousand  pounds  sterling  of  it,  to  their 
bankers  in  London,  on  or  before  the  tenth  of 
December  next,  to  be  estimated  at  the  current 
rate  of  exchange  at  Philadelphia  on  the  fif- 
teenth day  of  July  next,  and  the  balance  I  will 
pay  in  the  proportions,  and  at  the  periods, 
mentioned  in  thy  advertisement  of  the  4th  of 
April  to  their  credit,  in  such  banks  of  the 
United  States  as  may  be  agreeable  to  thee. 

"  On  the  payment  of  each  instalment,  funded 
stock  to  be  issued  for  one  hundred  dollars  for 
each  eighty-eight  dollars  received.  It  being 
understood  and  agreed,  that  if  terms  more 
favorable  to  the  loaners  be  allowed  for  any 
part  of  the  twenty-five  millions  authorized  to 
be  borrowed  the  present  year,  the  same  terms 
are  to  be  extended  to  this  contract. 

"  A  bond  with  suitable  penalties  to  be  exe- 
cuted for  the  faithful  performance  of  this 
contract. 

"For  the  amount  payable  in  London,  funded 
stock  to  be  issued,  bearing  interest  from  the 
fifteenth  day  of  July,  and  sent  to  your  bankers 
there,  to  be  delivered  to  my  order,  on  my  paying 
to  such  bankers  the  amount  in  money,  or  to 
be  delivered  to  me  here,  on  my  furnishing  ap- 
proved endorsed  bills  on  London.  The  rate  of 
exchange  to  be  settled  on  that  day  by  the 
presidents  of  any  three  banks  in  Philadelphia, 
which  thou  may  name. 

"  The  commission  of  one  quarter  of  one  per 
cent.,  mentioned  in  thy  advertisement,  to  be 
allowed  me  on  the  amount  loaned. 

"  With  great  respect  and  esteem,  I  am  thy 
assured  friend.  "JACOB  BARKER. 

"  The  honorable  George  W.  Campbell, 

"  Secretary  of  the  Treasury.1'' 

These  letters,  bearing  the  treasury  endorse- 
ment, remain  in  my  possession. 

On  presenting  the  preceding  letters,  I  ob- 
served to  the  Secretary,  that  if  the  whole 
amount  which  was  advertised  for  should  be 
unconditionally  offered  on  terms  anything  like 
the  market  price  for  stock,  that  I  was  of 
opinion  the  public  interest  would  be  promoted 
by  making  an  unconditional  bargain  for  it;  but 
if  it  should  not  be  unconditionally  offered,  that 
I  was  confident  I  could  furnish  five  or  six  mil- 
lions, provided  the  banks  from  which  I  ex- 
pected to  borrow  were  favored  with  the  patron- 
age required;  as  all  banks  were  desirous  of 
transacting  a  portion  of  public  business,  and 
the  advantages  of  having  their  notes  received 
for  the  taxes  and  duties  throughout  the  United 
States,  would  induce  them  to  make  very  great 
loans,  the  amount  of  such  loans  to  be  received 


in  their  paper,  sent  to  the  army,  and  used  to 
pay  the  debts  of  government,  and  not  drawn 
out  and  placed  in  other  banks.  Such  an  ar- 
rangement would  give  the  banks  the  ability,  as 
well  as  the  disposition,  to  loan  large  sums. 
We  had  several  subsequent  conversations,  in 
which  he  fully  agreed  with  me  in  opinion,  that 
the  proposed  patronage  in  favor  of  the  banks 
would  enable  me  to  furnish  the  money,  and 
felt  apprehensive  that  he  could  not  obtain  it 
by  any  other  means  ;  he  was,  however,  unwil- 
ling to  take  so  great  a  portion  of  the  public 
business  from  the  banks  which  had  already 
assisted  government.  After  the  consideration 
of  a  day  or  two,  he  returned  me  my  proposal, 
endorsed  in  his  own  hand  writing,  requesting 
me  to  make  a  specific  proposition  of  the  amount 
I  was  willing  to  engage  to  furnish,  omitting  the 
subject  of  paying  a  part  in  England;  adding, 
that  he  would  afford  me  an  opportunity  of 
paying  the  amount  mentioned  in  England;  and 
that  he  would  allow  such  banks  as  should 
assist  me  in  particular  places  a  portion  of  the 
public  business,  not  to  exceed  one  third,  for 
two  years,  and  to  order  the  notes  of  some  of 
those  banks  to  be  received  in  the  manner  I 
had  suggested.  He  presented  me  with  a  memo- 
randum to  that  effect,  and  handed  back  to  me 
my  letter  requiring  patronage  for  the  banks, 
endorsed  with  his  own  hand  writing,  observing 
that  he  did  not  wish  it  to  form  any  part  of  our 
contract,  lest  some  of  the  other  subscribers 
might  complain  of  partiality  inconsistent  with 
the  promise  which  the  advertisement  contained; 
that  he  would  give  it  as  a  free  will  offering ; 
that  government  always  had  and  would  ac- 
commodate and  favor  with  their  patronage 
such  banks  as  accommodated  them ;  and  that, 
although  he  would  not  engage  for  more  than 
two  years,  it  was  not  probable  that  the  govern- 
ment would  have  any  disposition  to  change  at 
the  end  of  that  period,  provided  the  business  was 
conducted  to  satisfaction,  and  at  all  times  the 
Treasury  Department  must  be  at  liberty  to  close 
their  accounts  with  such  banks,  even  before  the 
expiration  of  the  two  years,  in  case  the  banks 
should  not  conduct  with  propriety,  or  in  case 
government  should  deem  its  funds  insecure  in 
their  hands,  adding  that  the  principal  part  of 
the  money  would  be  expended  by  the  War  and 
Navy  Departments  who  were,  also,  disposed  to 
do  all  they  could  in  promoting  the  circulation 


50 


LIFE   OP  JACOB   BARKER. 


of  the  paper  of  the  banks  who  loaned  money 
to  government.  To  this  I  replied,  that  as  it 
was  known  I  could  not  furnish  any  money 
without  the  patronage  of  government,  I  should 
not  object  to  leaving  it  out  of  the  contract  on 
such  an  understanding,  provided  I  was  not 
subjected  to  any  forfeiture.  The  Secretary 
rejoined,  that  government  had  never  demanded 
or  exacted  forfeitures  in  such  cases,  and  would 
not  do  it  if  parties  acting  in  good  faith  used 
their  best  endeavors  to  fulfil  their  engagements. 
I  again  replied,  that  if  the  government  ac- 
cepted of  my  offer  they  had  only  to  decide 
upon  giving  the  patronage  or  go  without  the 
money  ;  for  it  was  a  fact  that  all  my  funds  were 
already  invested  in  former  loans  ;  that  it  was 
out  of  my  power  to  obtain  much  from  indivi- 
duals ,  and  that  the  different  banks  could  not 
accommodate  without  the  patronage  required, 
from  which  they  would  expect  to  derive  the 
power. 

The  Secretary  expressed  a  wish,  that  for 
each  instalment  paid  I  should  consent  to  re- 
ceive scrip  in  the  ordinary  way ;  to  this  propo- 
sition I  objected,  as  being  totally  impracticable 
for  me  to  perform.  He  then  requested  me  to 
state  in  my  letter,  "  that  on  the  payment  of 
each  instalment,  and  satisfactory  assurance  for 
the  payment  of  the  others,  funded  stock  to  be 
issued" — instead  of  saying,  "a  bond  with  suita- 
ble penalties  to  be  executed  for  the  faithful 
performance  of  this  contract."  I  assented  to 
the  modification  waving  the  stipulation  for 
security,  repeating  that  I  wished  him  distinctly 
to  understand  that  I  was  incapable  of  doing 
anything  without  funded  stock  for  each  instal- 
ment, as  fast  and  as  soon  as  the  money  was 
furnished,  and  that  it  was  perfectly  immaterial 
in  what  terms  my  letter  was  expressed,  pro- 
vided the  stock  was  so  furnished. 

Government  had  ever  been  in  the  habit  of 
confiding,  without  security,  in  the  promise  of 
contractors  for  the  payment  of  the  first  instal- 
ment; it  therefore  appeared  reasonable  that 
they  should  extend  the  same  confidence  with 
respect  to  the  other  payments — as  by  the  pay- 
ment of  one  instalment  with  fidelity  they  had 
entitled  themselves  to  consideration. 

We  separated  without  concluding  the  busi- 
ness ;  when  we  again  met  he  informed  me  that 
Mr.  Sheldon  was  much  averse  to  the  proposed 
arrangement  j  that  it  would   give  the    clerks 


trouble  in  keeping  their  accounts ;  for  these 
and  other  reasons  he  repeated  that  he  was  not 
willing  to  agree  to  any  positive  stipulations 
which  should  bind  the  government  to  give 
their  patronage  to  my  particular  banks;  but  as 
government  possessed  the  right  of  bestowing 
its  favors  upon  any  institution  it  pleased,  ad- 
vised that  it  should  be  received  as  a  free  will 
offering.  I  replied  that,  if  the  banks  obtained  the 
patronage  required,  it  was  perfectly  immaterial 
to  me  whether  it  flowed  from  an  honorable 
understanding,  or  was  secured  by  an  absolute 
contract,  but  that,  at  all  events,  I  could  not  ob- 
tain the  money  without  it  •}  adding  that  high 
minded  men  are,  if  possible,  more  solicitious 
to  fulfil  their  engagements  of  honor  than  even 
their  written  promises ;  but  that,  however  I 
might  feel  disposed  to  rest  upon  such  an  un~ 
derstanding,  the  banks  would  not  be  so  well 
satisfied  without  an  absolute  contract.  Mr. 
Campbell  replied  that  he  had  made  such  expla- 
nations as  he  supposed  would  satisfy  me,  and 
requested  me  to  take  the  matter  into  considera- 
tion. I  promised  to  do  so,  and  we  parted. 
When  I  waited  on  General  Armstrong  the 
Secretary  of  War  exhibited  to  him  the  memo- 
randum I  received  from  Mr.  Campbell,  and: 
requested  his  opinion  in  relation  to  the  pro- 
bability of  obtaining  the  solicited  patronage,, 
provided  the  expressed  condition  which  had 
been  required  for  that  purpose  was  waived,  and 
whether  his  officers  would  circulate  the  bills  of 
such  banks  as  should  loan  the  money?  He 
mentioned  that  they  always  drew  out  and  cir- 
culated the  bills  of  those  banks  on  which  the 
warrants  were  drawn,  and  that  he  would  see 
and  converse  with  Mr.  Campbell  on  the  subject. 
He  did  so,  and  subsequently  informed  me  that 
Mr.  Campbell  had  expressed  his  willingness  to 
give  all  the  assistance  in  his  power  to  the  per- 
sons who  should  lend  the  money — mentioning 
that  the  government  had  always  given  their 
business  to  the  banks  which  accommodated 
them,  and  would  continue  to  do  so;  but  as  the 
present  banks  could  not  furnish  all  the  money 
which  the  public  would  require,  it  might  be 
necessary  to  give  a  portion  of  the  patronage 
to  other  banks,  who  should  make  further  loans, 
and  that  he  should  consider  a  bank  loaning 
any  part  of  the  five  millions  to  me  the  same 
as  loaning  it  direct  to  the  government,  as  it 
was  not  to  be  imagined  that  I  was  able  to  lend 


NEGOTIATIONS   FOR   THE   LOAN. 


51 


five  millions  of  dollars  unless  I  obtained  them 
from  others ;  he  was,  therefore,  of  opinion  that 
I  should  not  be  disappointed  if  I  left  the  busi- 
ness at  the  discretion  of  the  Treasury  Depart- 
ment, but  added  that  he  had  not  anything  to 
do  with  it,  and  that  I  must  act  according  to 
my  own  judgement;  whereupon  I  delivered  to 
Mr.  Campbell  a  letter  bearing  the  date  of  my 
original  proposition  in  words  and  figures  fol- 
lowing, observing  to  him,  as  you  have  already 
got  all  my  money,  if  you  accept  this  proposi- 
tion its  fulfilment  will  depend  on  your  afford- 
ing the  banks  who  may  assist  me  the  required 
patronage. 

"Washington,  tth  month,  30,  1814. 

"Respected  Friend  :  I  will  loan  to  the  govern- 
men  lof  the  United  States  five  millions  of  dol- 
lar." receiving  one  hundred  dollards  in  six  per 
ceL*t.  stock  for  each  eighty-eight  dollars  paid, 
and  will  pay  the  money  in  the  proportion,  and 
at  the  periods  mentioned  in  thy  advertisement 
of  the  4th  of  April,  to  their  credit,  in  such 
banks  in  the  United  States  as  may  be  agree- 
able to  thee. 

"On  the  payment  of  each  instalment,  and 
satisfactory  assurances  for  the  payment  of  the 
others,  funded  stock  to  be  issued — it  being 
understood  and  agreed,  that  if  terms  more 
favorable  to  the  loaners  be  allowed  for  any  part 
of  the  twenty-five  millions  authorized  to  be 
borrowed  the  present  year,  the  same  terms 
are  to  be  extended  to  this  contract. 

"  The  commission  of  one  quarter  of  oue  per 
cent,  mentioned  in  thy  advertisement  to  be 
allowed  me  on  the  amount  loaned. 

"  With  great  respect  and  esteem,  I  am  thy 
assured  friend, 

"JACOB  BARKER. 

"  The  Hon.  G.  W.  Campbell, 

"  Secretary  of  the  Treasury." 

After  I  presented  this  letter,  Mr.  Campbell 
repeated  that  the  patronage  required  should  be 
afforded,  but  it  must  be  considered  aa  a  free 
will  offering,  lest  some  exception  might  be 
taken  on  account  of  the  terms  of  his  adver- 
tisement. 

On  the  morning  of  the  day  on  which  we 
contracted,  he  informed  me  that  he  had  con- 
cluded to  accept  of  my  offer,  with  a  slight 
variation,  allowing  the  holders  of  stock,  when 
more  favorable  terms  should  be  allowed,  the 
benefit  thereof,  in  place  of  making  that  allow- 
ance to  the  contractors. 

I  replied  with  great  earnestness,  that  if  he 
accepted  of  my  offer,  he  must  make  the  allow- 
ance to  the  contractors  for  the  loan,  and  not 
to  the  holders,  unless  they  should  continue  to 


hold  it,  to  which  he  objected.  I  then,  in  the 
most  forcible  manner  in  my  power,  urged  the 
reason  why  such  allowance  should  not  be  made 
to  the  holders  of  stock,  mainly  because  it 
might  operate  as  an  inducement  for  them  to 
depreciate  the  value,  alleging  that  when  per- 
sons purchase  stock  for  the  purpose  of  holding 
it  the  cheaper  it  can  be  obtained  the  better ; 
but  when  they  purchase  it  to  sell  again  it  is 
for  their  interest  to  keep  it  up  at  as  high  price 
as  possible  ;  that  it  was  the  same  with  respect 
to  stock  as  with  every  article  of  merchandise ; 
when  high  it  is  demanded  and  of  brisk  sale  ; 
but  when  low,  sales  are  extremely  dull,  and 
when  on  the  decline  almost  impossible  to  be 
disposed  of. 

The  Secretary  of  War  and  ihe  Comptroller 
were  present  at  such  conversations.  We  again 
parted  without  coming  to  any  final  determina- 
tion. 

I  took  occasion  to  speak  to  Mr.  Sheldon  of 
the  impolicy  of  this  course ;  from  his  conver- 
sation it  appeared  evident  that  it  was  a  plan 
of  this  treasury  clerk,  as  more  likely  to  defeat 
me  than  leaving  the  benefit  of  the  conditions 
with  the  contractors ;  he  stated  that  he  was 
opposed  to  every  part  of  the  arrangement  pro- 
posed by  me. 

You  cannot,  said  he,  get  the  money ;  the 
nation  is  in  a  lamentable  situation ;  every- 
thing is  going  to  destruction  ;  the  present  ad- 
ministration are  incapable  of  conducting  it ; 
the  sooner  they  are  made  to  resign  the  better; 
that  he  would  not  have  anything  to  do  with  it ; 
that  he  had  so  informed  the  Secretary  ;  that  no 
other  person  in  the  office  knew  anything  about 
such  business,  and  that,  if  the  Secretary  would 
make  such  bargains,  he  must  get  some  one 
else  to  carry  them  out. 

I  communicated  this  to  the  Secretary,  and 
inquired  why  he  did  not  remove  him  and  ap- 
point another  clerk.  The  Secretary  replied 
that  Mr.  Sheldon  had  been  so  long  connected 
with  the  office  that  he  was  au  fait  with  all 
the  details  thereof — believed  to  be  very  honest. 
That  he,  the  Secretary,  knew  nothing  about 
the  details  of  the  office,  and  was  too  unwell  to 
conduct  its  business  with  strangers. 

I  told  him  he  could  not  do  it  with  enemies 
watching  over  him  for  evil,  eager  to  convert  their 
position  into  engines  of  war  against  him  and 
his  political  friends. 


52 


LIFE   OF   JACOB   BARKER. 


Soon  afterward  I  received  a  note  from  Mr. 
Campbell  inviting  mj  attendance,  of  which  the 
following  is  a  copy  : 

"  Monday  Morxixg,  May  2,  1814. 

"  Mr.  Campbell  would  be  glad  to  see  Mr. 
Barker  at  the  Treasury  Department,  if  con- 
venient. 

"  J.  Barker,  esq." 

I  called,  when  the  Secretary  informed  me 
that  his  mind  was  unalterably  made  up  to  give 
the  benefit  of  the  condition  to  such  persons  as 
might  hold  the  stock  when  more  favorable 
terms  should  be  allowed,  which  he  said  he  did 
not  think  would  ever  happen;  that  peace 
would,  in  all  probability,  take  place  before 
more  money  would  be  wanted ;  said  he  be- 
lieved the  effect  on  the  market  price  would  be 
more  favorable  than  for  it  to  remain  with  the 
contractors ;  that  he  had  consulted  the  Presi- 
dent and  Cabinet ;  that  they  all  thought  that 
there  would  not  be  any  difficulty  about  the 
required  patronage  to  the  banks  which  should 
aid  me  ;  that  they  were  all  anxious  for  the  loan 
to  be  contracted  for  at  88. 

The  war  had  been  induced  by  the  orders  in 
council,  impressment  of  our  seamen,  paper 
blockades  and  some  minor  offences  ;  the  orders 
in  council  had  been  rescinded,  and  peace  mes- 
sengers had  been  sent  out  with  instructions  to 
defer  the  other  causes  of  complaint;  hence  the 
great  confidence  of  the  administration  that  we 
should  soon  have  peace.  Considering  that 
future  opposition  would  be  unavailing,  I  re- 
luctantly yielded,  when  the  Secretary  delivered 
to  me  a  letter  in  words  aud  figures  following : 
"Treasury  Department,  May  2,  1814. 

"Sir:  The  terms  upon  which  the  loan  has 
been  this  day  concluded  are  as  follows,  viz: 
Eighty-eight  dollars  in  money  for  each  hun- 
dred dollars  in  stock;  and  the  United  States 
engage,  if  any  part  of  the  sum  of  twenty-five 
millions  of  dollars,  authorized  to  be  borrowed 
by  the  act  of  the  24th  of  March,  1814,  is  bor- 
rowed upon  terms  more  favorable  to  the 
lenders,  the  benefit  of  the  same  terms  shall  be 
extended  to  the  persons  who  may  then  hold 
the  stock,  or  any  part  of  it.  issued  for  the  pres- 
ent loan  of  ten  millions. 

"  Your  proposal  of  the  30th  of  April  for  five 
millions  of  dollars  of  the  loan  having  been  at 
the  above  rate,  or  at  a  rate  more  favorable 
than  the  above  to  the  United  States,  has  been 
accepted;  and  you  will  please  to  pay,  or  cause 
to  be  paid,  on  the  25th  day  of  the  present 
month,  into  the  bank  or  banks  you  have 
named,  or  into  such  as  you  shall  name  to  the 
Secretary  of  the  Treasury  on  the   receipt   of 


this  letter,  twenty-five  per  cent.,  or  one  fourth 
part  of  the  sum  above  stated,  pursuant  to  the 
notification  from  this  department  of  the  4th  of 
of  April  last,  and  the  remaining  instalments 
on  the  days  fixed  in  the  said  notification.  Yoa 
will  be  pleased,  also,  on  or  before  the  25th  of 
May,  to  furnish  the  cashier  or  cashiers  of  the 
bank  or  banks  where  the  payments  under  your 
proposal  are  to  be  made  with  the  names  of  the 
persons  in  whose  behalf  the  proposal  has  been 
made,  and  the  sums  payable  by  each. 

"  The  commission  of  one-fourth  of  one  per 
cent,  will  be  paid  from  the  treasury,  after  the 
payment  of  the  first  instalment,  on  the  25th 
day  of  the  present  month. 

"  I  am,  very  respectfully,  sir,  your  obedient 
servant, 

"  G.  W.  CAMPBELL, 

11  Secretary  of  the  Treasury. 
"  To  Jacob  Barker,  Esq.,  of  New  York." 

These  two  letters  form  the  contract;  their 
most  important  features  are  that  if  any  part  of 
the  twenty-five  million  loan  should  be  borrowed 
on  terms  more  favorable  to  the  lenders,  the 
benefit  of  the  same  terms  should  be  extended 
to  the  persons  who  might  then  hold  the  stock 
issued  for  the  ten  million  loan,  and  that  funded 
stock  was  to  be  furnished  for  each  instalment 
as  fast  as  the  money  was  received ;  the  certifi- 
cates could  have  been  prepared  in  a  day ;  and 
all  that  was  required  was  that  they  should  be 
sent  to  the  loan  officers  and  delivered  on  the 
receipt  of  the  money.  Nothing  was  more 
simple,  and  no  more  sure  check  or  gauge 
could  have  been  adopted. 

The  Secretary  was  notified  of  the  moneys 
being  ready  at  New  York,  and  urged  to  send 
on  the  certificates  of  stock  before  the  appointed 
day;  that  day  arrived,  and  no  certificates  of 
funded  stocks  had  been  received  at  the  loan 
office,  or  notice  that  he  was  not  satisfied 
with  the  assurance  given  that  the  money  would 
be  forthcoming. 

In  place  of  funded  stock,  scrip  certificates 
had  been  received,  which  required  that  the 
whole  one  million  two  hundred  and  fifty  thou- 
sand dollars  should  be  held  as  security  for  the 
payment  of  the  other  instalments,  involving  all 
those  who  furnished  me  with  money  in  the 
issue. 

I  might  as  well  have  been  required  to  have 
furnished  that  number  of  moons  as  my  security. 
This  was  a  plan  of  the  treasury  clerks  to 
break  me  down;  it  did  not  succeed,  as  will 
appear  from  the  correspondence  published 
herewith. 


THE   LOAN   ACCEPTED. 


53 


The  receipt  of  letters  from  the  banks,  inform- 
ing that  I  had  deposited  a  million  of  dollars 
subject  to  the  order  of  the  treasury,  as  soon  as 
the  stock  should  be  furnished,  brought  the 
Secretary  to  terms.  My  having  deposited  this 
million,  without  the  aid  of  bank  patronage  or 
stock,  was  deemed  a  sufficient  assurance  of 
punctuality,  aad  the  stock  was  promised;  yet, 
after  this,  he  allowed  its  issue  to  be  embar- 
rassed by  a  connexion  with  the  scrip  certifi- 
cates, and  attempted  to  retain  one  twentieth 
part  on  each  scrip  certificate  as  security  for 
the  fulfillment  of  my  contract,  declaring  at  the 
same  time  that  he  was  satisfied,  so  far  as  I 
was  concerned,  and  that  it  was  not  deemed 
necessary  on  my  account. 

This  requisition  was  also  resisted  by  me, 
and  yielded  by  the  treasury,  after  the  most 
perplexing  and  injurious  delays,  which  the 
correspondence  will  show. 

The  whole  machinery  of  the  scrip  certificates 
was  uncalled  for,  and  not  of  the  least  utility ; 
entailed  on  all  parties  great  confusion  and 
perplexity;  made  it  necessary  to  pay  all  the 
instalments  into  the  same  banks  where  the 
first  instalment  should  be  paid;  and  came  very 
near  defeating  the  whole  loan. 

The  Secretary  having  refused  to  allow  the 
benefit  of  the  conditions  to  remain  with  the 
contractors,  stipulating  that  it  should  follow 
the  stock  into  the  hands  of  those  who  might 
hold  it  when  more  favorable  terms  should  be 
allowed,  it  was  to  have  been  presumed  that 
the  certificates  of  stock  would  have  borne  on 
their  face  the  conditions;  it  was  quite  as  im- 
portant oh  the  market  price  as  the  rate  of 
interest  or  the  period  of  redemption. 

Yet  the  certificates,  after  the  most  injurious 
delays,  came  on  without  such  conditions;  this 
involved  me  in  difficulties  with  those  who  had 
furnished  me  w  th  money  on  my  promise  to 
secure  them  with  stock,  bearing  the  conditions 
which  I  understood  the  Secretary  to  have 
promised  the  certificates  should  bear  on  their 
face. 

This  promise  the  Secretary  did  not  remem- 
ber when  remonstrated  with  for  the  omission; 
whether  he  promised  or  not,  it  was  equally  his 
duty  to  have  had  it  put  on — nothing  could  be 
more  reasonable  than  that  those  who  parted 
with  their  money  should  have  written  evidence 
of  their  rights. 


This  difficulty  I  was  enabled  to  overcome,  jet 
not  without  much  cost  and  great  inconvenience. 

In  the  Secretary's  report  to  Congress,  on  the 
23d  of  September,  1814,  he  says:  Under  the 
act  of  the  24th  of  March,  1814,  by  which  the 
President  was  authorized  to  borrow  twenty-five 
millions  of  dollars,  a  loan  was  opened  on  the 
2d  of  May  for  ten  millions  of  dollars,  in  part 
of  that  sum.  A  loan  for  ten  millions  of  dollars 
was  considered  as  more  likely  to  prove  success- 
ful than  if  an  attempt  were  made  to  obtain  the 
whole  amount  of  twenty-five  millions  at  once. 

The  sums  offered  for  this  loan  amounted  to 
$11,900,806,  of  which  $2,671,750  were  at  rates 
less  than  88  per  cent.,  and  $1,183,400  at  rates 
less  than  S5  per  cent.  Of  the  sum  of  §9,229,056 
dollars,  which  were  offered  at  88  per  cent.,  or 
rates  more  favorable  to  the  United  States,  five 
millions  were  offered,  with  the  conditions  an- 
nexed, that  if  terms  more  favorable  to  the  lend- 
ers should  be  allowed  for  any  part  of  the  twenty- 
five  millions  authorized  to  be  borrowed  the  pres- 
ent year,  the  same  terms  should  be  extended  to 
those  holding  the  stock  of  the  ten  million  loan. 

Taking  into  consideration  the  expectation 
then  entertained  of  any  early  return  of  peace, 
and  the  importance  of  maintaining  unimpaired 
the  public  credit  by  sustaining  the  price  of 
stock  in  the  meantime — and  also  considering 
the  measure  was  sanctioned  by  precedent,  it 
was  agreed  to  accept  the  loan  with  that  condi- 
tion. Had  the  sum  to  which  the  condition 
was  annexed  been  rejected,  the  consequence 
would  have  been  to  reduce  the  amount  obtained 
to  less  than  five  millions,  a  sum  altogether 
inadequate  to  the  public  demands;  or  by 
depressing  the  stock  to  85  per  cent.,  to  have 
obtained  only  a  little  more  than  six  millions, 
which  would  still  have  been  insufficient  to 
answer  the  purposes  of  government. 

I  here  subjoin  a  list,  A,  of  all  the  proposals 
made  to  government  for  the  ten  million  loan, 
which  were  accepted  on  the  2d  of  May,  and 
also  a  list,  B,  of  those  that  were  rejected ;  by 
which  it  will  be  seen  that  Mr.  Campbell  could 
not  have  procured  more  than  about  one  million 
and  a  half,  in  addition  to  what  he  accepted, 
had  he  originally  allowed  85,  and  only  about 
three  millions  had  he  originally  allowed  75 ; 
and  of  those  sums  rejected  he  subsequently 
obtained  a  considerable  proportion  through 
Mr.  Whann. 


54 


LIFE   OP   JACOB   BARKER. 


A. 


New  Tori: 

John  Tayler , 

Alanson  Douglas 

Smith  &  Nicoll 

Harman  Hendricks  . . . 

G.  B.  Vroom 

Samuel  Flewelling 

Jacob  Barker  

Whitehead  Fish 


Pennsylvania. 

Guy  Bryan 

Thomas  Newman 

Samuel  Cars  well 

Paul  Beck,  jun 


Massachusetts. 

Peleg  Tallman 

Levi  Cutler 

John  Woodman 

John  W.  Treadwell 

Thomas  Perkins 

William  Gray 

Samuel  Dana 

Jesse  Putnam 

Amos  Binney 


New  Hampshire. 
Henry  S.  Langdon 


Amount    of- 
fered by 
each  person. 


Rhode  Island. 

Nathan  Waterman 

James  D.  Wolfe 

John  R.  Shearman 


Connecticut. 

Elisha  Tracy 

Michael  Shepard 

Abraham  Bishop 


Maryland. 

Wm.  Patterson  &  Sons 
George  T.  Dunbar 
James  Cox 


District  of  Columbia 

Samuel  Elliot,  jun 

Alexander  Kerr 

William  Jones 

William  Whann 

Anthony  C.  Cazenove 


South  Carolina. 

Charles  B.  Cochran 

David  Alexander 

John  Lukens  

Thomas  W.  Bacot 


Kentucky. 
James  Taylor 


$150, 000 

50, 000 

80, 000 

42, 000 

500, 000 

257, 300 

5, 000, 000 

250, 000 


50, 000 

108,000 

28, 000 

50, 000 


25, 000 
94, 000 
50,  000 

416, 156 
25, 000 

197, 000 
25, 000 
67, 900 
35,000 


35, 300 

100, 000 

35, 000 


30, 000 
25, 000 
25, 000 


50, 000 

191,000 

71,900 


100,000 
33,000 

200, 000 
42, 500 
30, 000 


250, 000 
60, 000 
70, 000 

115, 000 


Totals. 


$6,329,300 


236,000 


935,056 


40,000 


170,300 


80, 000 


312,900 


405,500 


495, 000 

25, 000 
, 029, 056 


Amount  advertised  for. 


Remaining  uncontracted  for  on 

the  2d  of  May , 

Subsequently   taken   by  D.  A. 

Smith 

Subsequently     taken     by     W. 

Whann 

More  subsequently  taken  by  W. 

Whann 

More  subsequently  taken  by  R. 

C.  Jennings 


Remaining  uncontracted  for 
when  Mr.  Campbell  retired 
from  office 


Amount    of- 
fered by 
each  person. 


$200, 000 
190, 000 
200,000 
176,000 


Totals. 


$10, 000, 000 


970,944 


766, 000 


204,944 


Amount    of- 
fered by 
each  person 

Terms. 

Totals. 

New  York. 
W.  Fish 

$150, 000 
25, 000 
25,000 

76 
85 

80 

$200, 0GO 

Pennsylvania. 
J.  Schotte 

25, 000 

192, 750 

45,000 

45, 000 

30, 000 

370, 000 

142,  000 

SO,  000 

40, 000 

25, 000 

125, 000 

320, 000 

155, 000 

10, 000 

80 

85 

85 

85 

S7 

85 

85 

85 

85 

85 

85 

82^ 

80 

85 

McEuen  &  Co 

Quintin  Campbell 

Biddle  &  Wharton. . . 

Do 

Do 

Do 

1,554,750 

Massachusetts. 

Robert  &  John  Sharp. 
Jonathan  Amory 

20, 000 

50, 000 

42,000 

30, 000 

547, 100 

300, 000 

200, 000 

80^ 

85 

86 

SO  a  87^ 

75aS7 

80 

75 

Gilbert  &  Dean 

Do 

1,189,100 
27,000 
57,500 

124,000 

3,152,350 

Maryland. 

27, 000 

80 

District  of  Columbia. 

57,500 

&5U 

Virginia. 

40, 000 
84, 000 

65% 

84 

| 

On  concluding  the  contract,  I  mentioned  to 
the  Secretary  my  plan,  which  was  to  return 
immediately  home  to  raise  the  money,  and 
punctually  pay  the  first  instalments;  by  those 
means  I  expected  to  establish  a  confidence  in 
the  public  mind,  not  only  that  my  contract  was 


OPPOSITION   TO   THE   LOAN. 


55 


a  real  and  bona  fide  one,  but  that  I  possessed 
the  disposition  and  the  meaus  to  fulfil  it.  The 
low  price  and  dull  sale  of  stock,  the  unexam- 
pled scarcity  of  money,  the  general  distress 
which  prevailed  amongst  merchants,  together 
•with  the  high  price  which  I  had  agreed  to  pay 
for  the  new  stock,  induced  an  impression,  either 
that  my  contract  was  a  mere  pretence,  or  that 
I  had  so  far  taken  leave  of  my  senses  as  to 
have  entered  into  engagements  which  no  man 
in  the  community  was  able  to  fulfil.  In  fact 
the  best  informed  men  in  Baltimore,  Philadel- 
phia, New  York  and  Boston,  united  in  an  opin- 
ion that  I  could  not  raise  even  a  million  of 
dollars,  much  less  the  sum  of  five  millions. 

I  also  informed  him,  that  after  having  paid 
my  first  instalment,  it  was  my  intention  to  pro- 
ceed immediately  to  Philadelphia,  Boston,  and 
Baltimore,  at  which  cities  I  calculated  to  have 
raised  large  sums  from  the  banks  from  the  in- 
fluence of  the  promised  patronage  5  also,  that  I 
intended  to  send  a  portion  of  my  stock  to 
London  for  sale. 

He  informed  me  that  nearly  all  of  the  ten  mil- 
lions wanted  had  been  contracted  for,  and  that 
for  the  deficiency,  less  than  a  million,  he  was 
negotiating  with  the  district  banks,  and  ex- 
pected to  close  with  them  that  day,  so  that 
I  would  have  the  market  to  myself  until  gov- 
ernment wanted  more  money,  before  which 
peace,  in  all  probability,  would  take  place. 

I  urged  on  the  Secretary  the  necessity  of 
having  the  stock  certificates  prepared  and 
transmitted  to  New  York  without  unnecessary 
delay,  that  they  might,  without  fail,  be  there 
on  the  25th  of  that  month,  when  I  had  to  pay 
the  first  instalment  of  twelve  hundred  and  fifty 
thousand  dollars,  observing  to  him  that  not  one 
dollar  could  be  furnished  without  full  stock  to 
deliver  to  those  who  furnished  the  money. 

The  Secretary  promised  to  have  certificates 
prepared  immediately  and  transmitted  to  the 
loan  offices  at  New  York  and  other  places, 
when  I  left  for  New  York,  carrying  with  me  a 
letter  from  the  Secretary  of  War  to  his  friend 
Chief  Justice  Spencer,  in  words  following : 

"  Washington,  May  5,  1814. 

u  Barker  wishes  me  to  say  that  he  expects 
from  you,  and  all  other  friends  to  the  govern- 
ment, the  aid  of  your  opinion  in  enabling  him 
to  get  along  with  his  late  engagements  to  the 
public. 

u  My  friend  Campbell  says  he  behaved  very 


well  in  the  business,  making  his  offers  promptly 
and  openly,  and  that  to  him,  in  a  great  degree, 
is  owing  the  ability  of  the  treasury  to  borrow 
at  88  ;  he  therefore  deserves  well  of  his  country. 
"  Yours  truly, 

"J.  ARMSTRONG. 
"  To  Judge  A.  Spencer." 

"  May  12,  1814. 

"The  enclosed  will  show  you  the  opinion  of 
the  Secretary  of  the  Treasury  in  relation  to 
Mr.  Barker. 

"  I  have  no  objections  that  you  shew  it  dis- 
creetly and  confidentially  to  such  persons  a3 
you  think  fit ;  let  me  add,  that  I  hope  you  will 
do  everything  in  your  power  to  aid  Mr.  Barker, 
he  certainly  deserves  it. 

"  Yours  sincerely, 

"A.  SPENCER. 
"  To  T.  Bailey,  Postmaster,  Neio  York." 

On  the  25th  of  May  I  had  to  pay  $1,250,000, 
and  the  same  amount  on  the  twenty-fifth  of  each 
succeeding  month  until  the  whole  was  satisfied; 
so  that  I  had  scarce  an  interval  of  one  short 
month  allotted  me  to  make  arrangements  for 
each  instalment,  the  success  of  which  depended 
on  seasonable  orders  issuing  from  the  treasury, 
to  put  the  whole  plan  into  operation,  in  such 
form  as  would  prevent  the  least  interruption. 

I  calculated  upon  the  promised  patronage 
of  government  towards  the  banks,  who  would 
thereby  be  disposed  to  assist  me,  with  as  much 
reliance  as  if  I  had  obtained  a  positive  stipula- 
tion for  the  purpose.  I  had  the  utmost  con- 
fidence in  its  enabling  me  to  raise  the  required 
amount.  I  still  believe  it  was  as  much  the  in- 
tention of  Mr.  Campbell  to  have  afforded  that 
patronage  as  though  he  had  entered  into  a 
written  engagement  to  do  so. 

In  passing  through  Philadelphia,  on  my  way 
home,  I  discovered  not  only  an  opinion  that  I 
could  not,  but  that  a  desire  that  I  should  not, 
succeed  prevailed  among  the  merchants  in  that 
place. 

Before  I  reached  New  York  I  learned  that 
our  whole  coast  had  been  blockaded.  This 
circumstance  at  once  terminated  my  hopes  of 
assistance  from  the  revival  of  commerce 
through  neutral  vessels,  and  created  an  alarm 
lest  stocks  should  fall  by  the  necessity  which 
government  would  be  under  to  resort  to  new 
loans  in  consequence  of  being  disappointed  in 
the  expectation  of  obtaining  a  revenue  from 
imposts. 

Supposing  that  the  loan  had  failed,  the  edi- 
tors of  the  "  Federal  Republican"'  came  out 


56 


LIFE   OF   JACOB   BARKER. 


■with  a  most  exulting  paragraph ;  they  rejoiced 
at  the  distresses  in  which  they  imagined  the 
administration  and  the  nation  to  be  involved  ; 
distresses  which,  instead  of  wishing  to  alleviate, 
they  discovered  every  disposition  to  increase. 
As  an  evidence  of  their  inveterate  hostility  to 
the  country  which  gave  them  birth,  and  affords 
them  protection,  and  of  their  systematic  oppo- 
sition to  every  measure  of  public  defence  and 
preservation,  I  shall  here  transcribe  the  para- 
graph to  which  I  have  alluded  : 

[Extract  from  the  Federal  Republican,  May  3, 1814.] 
"THE  LOAN. 

"  'I  did  send 
To  you  for  gold  to  pay  iny  legions, 
Which  you  denied  me.' 

"  The  administration  is  likely  to  be  left  com- 
pletely in  the  lurch  by  the  prompters  and  advo- 
cates of  the  disastrous  war  into  which  they 
have  plunged  this  once  prosperous  nation,  not- 
withstanding the  shrewd  calculations  of  that 
wonderful  financier  Eppes,  and  vaporings  of 
Gales  in  the  Court  Gazette,  it  now  amounts  to 
a  certainty  that  the  loan  will  utterly  fail.  In 
Baltimore,  where  the  warhawks  have,  again 
and  again,  pledged  their  lives,  their  fortunes, 
and  their  sacred  honors,  to  strain  every  nerve 
in  aiding  Mr.  Madison  and  Company  to  take 
the  Canadas,  blow  up  the  British  fleet,  and 
exterminate  the  Indians,  the  whole  amount  of 
the  loan  bid  for  somewhat  exceeds  one  hun- 
dred thousand  dollars,  or  about  a  two  hundred 
aud  fiftieth  part  of  the  amount  which  the  Presi- 
dent is  authorized  to  borrow,  this  will  be  rue 
to  the  little  monarch  in  his  resentment,  and 
his  case  absolutely  calls  for  commiseration. 
What!  in  Baltimore,  where  patriotism  glows 
and  splutters  like  a  red  hot  poker  thrust  in  a 
pot  of  beer,  is  nothing  but  frothy  words  to  be 
expected?  One  hundred  thousand  dollars! 
Call  you  this  backing  your  friends?  a  plague 
on  such  backing!  How  much  ready  money 
liberality  has  been  displayed  towards  the  ad- 
ministration in  Philadelphia  we  have  not  yet 
learned.  With  such  a  powerful  advocate  in 
that  city  as  Inchiguiu  Whippoorwill,  theamount 
subscribed  there  will  be  at  least  as  great  as  in 
Baltimore.  The  sub-secretary  of  the  treasury, 
Jacob  Barker,  has  long  been  on  the  alert  in 
New  York,  and  it  would  be  wouudrous  pitiful 
if  the  Democrats  there  should  have  forgotten 
that  Mr.  Madison  wants  money  and  must  have 
it.  Still  greater  hope,  doubtless,  rests  on  Bos- 
ton. There,  it  was  promised  by  the  agent  for 
the  loan  that  the  names  of  all  the  subscribers 
should  be  kept  a  profound  secret.  As  the  gov- 
ernment is  bound  to  comply  with  this  condi- 
tion, perhaps  we  shall  never  know  how  much  of 
the  twenty-five  millions  is  obtained  in  that  place. 

"  It  is  said  that  the  Baltimoreans,  out  of  ex- 
treme modesty,  did  not  subscribe  so  largely  to 
to  the  loan  as  their  dispositions  prompted.  They 
were  unwilling  to  be  deemed  extortioners,  and 


waited  to  learn  what  premium  the  Yankees 
would  demand  for  a  loan,  for  the  redemption 
of  which  no  revenue  was  provided.  They  ex- 
pected that  friend  Barker,  compounding  with 
his  conscientious  scruples,  which  forbids  a 
Quaker  to  lend  aid  to  warlike  operations,  would 
fix  such  a  bonus  as  would  justify  a  liberal  ad- 
vance to  government,  and  they  have  sent 
agents  to  trade  with  the  Secretary  of  the  Treas- 
ury when  it  is  determined  how  desperate  the 
fortunes  of  the  administration  have  become. 
'  From  patriotism  well  paid  much  may  yet  be 
expected.'  '  Should  the  administration  be 
hard  pushed,  it  cannot  be  doubted  that  their 
western  supporters  will  shell  out  a  part  of  the 
cash  which  has  circulated  so  freely  beyond  the 
mountains  since  the  war  was  waged.  A  Sec- 
retary of  the  Treasury  has  been  selected  among 
the  backwoodsmen,  and  in  this  republican  gov- 
ernment no  office  should  be  suffered  to  become 
a  sinecure.'" 

About  the  10th  of  May  I  arrived  at  New 
York  and  immediately  commenced  the  task  of 
raising  money  by  disposing  of  the  stocks  which 
I  held  in  prior  loans,  which  I  was  obliged  to 
do  at  a  loss,  borrowing  from  the  banks  at  this 
place  and  at  Albany,  and  from  individuals,  and 
by  procuring  it  from  such  other  sources  as  re- 
mained within  my  power. 

I  was  successful  in  forming  my  arrange- 
ments for  the  payment  of  the  first  instalment. 
Pending  the  negotiations  for  it  I  received  let- 
ters from  the  Hon.  Charles  J.  Ingersoll,  a 
member  of  Congress  from  Philadelphia,  a  par- 
ticular friend  of  Mr.  Madison,  an  ardent  sup- 
porter of  the  war,  and  well  acquainted  with  the 
difficulties  the  administration  were  laboring 
under ;  and,  although  that  gentleman  volun- 
teered to  do  me  full  justice,  the  Philadelphia 
feeling  towards  New  York  seemed  to  lurk  in 
the  background. 

The  correspondence  reads  as  follows : 

"Philadelphia,  May  13,  1814. 

''Dear  Sir:  Without  any  business  to  trouble 
you  with,  I  beg  leave,  nevertheless,  to  pursue 
you  to  New  York  with  a  letter  of  complaint 
and  compliment;  of  complaint  that  you  did 
not  call  to  see  me,  as  you  promised  you  would, 
on  your  transit  through  Philadelphia ;  and 
of  compliment  on  the  important  pecuniary 
services  you  have  just  rendered  the  country  in 
your  liberal  subscription  to  the  loan,  as  well  as 
the  very  patriotic  spirit  in  which  this  large 
contribution  appears  to  have  been  made.  If  I 
had  been  a  member  of  Congress  during  the 
war  of  the  revolution,  and  Robert  Morris,  just 
after  saving  the  nation  from  embarrassment, 
had  failed  to  keep  a  promise  previously  made 
to  honor  me  with  a  visit  on  his  way  through 


CORRESPONDENCE    RELATING   TO    THE  LOAN. 


57 


Philadelphia,  I  should  have  been  disappointed 
at  the  same  time  that,  in  common  with  all 
fellow-countrymen,  I  would  have  acknowledged 
the  obligation  due  to  him  from  the  public. 
Now,  as  I  believe  this  war  to  be  quite  as 
momentous  as  that,  and  your  aid  to  the  trea- 
sury, at  the  present  crisis,  quite  as  important 
as  Mr.  Morris's  ever  was  during  the  former 
struggle,  I  can  assure  you,  without  compli- 
ment, that  I  should  have  been  very  happy  to 
see  you  in  my  house,  and  that  my  complaint 
will  be  less  gentle  if  ever  you  omit  me  again 
in  your  journeys  from  New  York  and  Wash- 
ington. Your  enemies  will  say,  no  doubt,  that 
you  consulted  interest  alone  in  this  under- 
taking. But  who  has  not  an  eye  to  his  interest? 
And  your  friends  may,  with  more  justice,  aver 
that  your  motives  were  not,  as  they  could  have 
been,  merely  interested.  I  wish,  besides,  that 
the  detractors  from  the  merits  of  those  who 
stand  by  the  country  would  never  go  so  far  as 
to  make  it  their  interest  to  act  with  it. 

"What  a  noble  State  New  York  is  becom- 
ing! Since  your  late  elections  I  begin  to  fear 
that  Pennsylvania  will  no  longer  rank  first. 

"  Very  sincerely  and  respectfully,  your  friend 
and  humble  servant, 

"C.  J.  INGERSOLL. 

"Mr.  Barker." 


"  New  York,  fifth  month,  20t7i,  1814. 

"Dear  friend  :  The  mail  from  your  city, 
the  last  three  days,  has  been  heavily  londed 
with  evil  predictions  in  relation  to  my  fulfill- 
ing my  contract  for  the  loan.  It  is,  therefore, 
gratifying  to  my  vanity  to  think  that  lam  of  so 
much  consequence  in  the  estimation  of  the  tories. 

"As  for  them,  the  moment  they  are  com- 
pelled to  abandon  their  exertions  to  bankrupt 
the  nation,  and  their  predictions  that  govern- 
ment could  not  get  money  to  pay  their  debts, 
that  they  should  direct  all  their  enmity  and 
similar  exertions  and  predictions  towards  me. 

"But  I  am  at  a  loss  to  account  why  the 
fustian  gentry  of  Pennsylvania  alone  should 
pursue  this  vile  course. 

"Do  me  the  favor  to  contradict  everything 
thee  may  hear  about  my  having  any  doubt 
about  my  being  enabled  punctually  to  meet 
my  payments. 

"On  the  25th  I  shall  put  them  to  the  blush 
by  paying  every  dollar  of  the  first  instalment, 
without  making  application  to  borrow  of  any 
individual  out  of  this  State,  and  without  sell- 
ing, or  offering  to  sell,  a  single  dollar  of  my 
contract,  unless  persons  should  come  forward 
and  offer  me  a  liberal  profit,  in  which  case  I 
shall  sell  for  the  sake  of  profit,  and  not  be- 
cause I  doubt  the  goodness  of  my  bargain,  nor 
because  it  is  necessary  for  me  to  sell  to  enable 
me  to  meet  the  first  payment. 

"Every  friend  of  America  ought  to  wish  me 
success  in  this  business. 

"In  England  the  ministerial  party  and  news- 


papers consider  it  a  good  cause  of  exultation 
when  the  contractors  for  the  loan  make  large 
fortunes  by  it,  and  the  government  always  and 
publicly  give  preferences  to  old  contractors; 
but  when  I  was  in  Washington  there  appeared 
a  durable  fear  on  the  minds  of  many  members 
lest  I  should  make  a  little  profit  by  a  bank 
charter,  or  some  other  operation  with  govern- 
ment, although  they  all  knew  the  happy  sen- 
sation produced  last  summer  by  my  repairing 
to  Washington  with  an  unexpected  tender  of  a 
loan  of  five  millions  of  dollars;  and  from  that 
sensation,  and  from  the  fact  of  its  being  pub- 
licly announced  in  the  papers  that  the  federal 
merchants  of  New  York  had  associated  with 
me  to  loan  money  to  government,  are  govern- 
ment indebted  for  the  great  appetite  that  was 
created  for  the  seven-and-a-half  million  loan. 

"The  whole  nation  came  forward,  because 
they  thought  it  must  be  a  good  business  to  in- 
duce the  federal  merchants  of  New  York  to 
embark  in  it;  which  brought  down  upon  me 
the  abuse  of  the  whole  federal  party,  and  not 
one  political  friend  was  known  to  utter  even  a 
whisper  in  my  vindication,  and  the  republican 
newspapers  tamely  suffered  the  abuse  of  the 
opposition  to  go  unnoticed. 

"At  length  an  unknown  friend  in  Virginia 
has  devoted  his  columns  in  the  cause  of  truth, 
as  thee  will  perceive  by  an  extract  in  the 
National  Advocate  of  this  morning. 

"Excuse  my  thus  troubling  thee,  and  believe 
me,  sincerely,  thy  assured  friend, 

"JACOB  BARKER. 

"Charles  J.  Ingersoll." 


"Philadelphia,  May  21,  1814. 

"Dear  sir:  On  your  own  account,  and  on 
my  own,  and  on  all  accounts,  I  am  exceedingly 
happy  to  learn  from  you,  as  I  do  by  your  letter 
of  yesterday,  that  there  will  be  no  difficulty  nor 
delay  in  the  payment  of  the  loan  instalment 
falling  due  on  the  25th  of  this  month.  I  had 
heard  a  suspicion  to  the  contrary  expressed ; 
but  relied,  nevertheless,  on  your  means  and  deter- 
mination to  be  punctual.  In  the  present  phrenzy 
of  parties  that  all  prominent  men  should  be  de- 
nounced is  to  be  expected.  You  must  not 
flatter  yourself  with  escaping  the  ordeal.  But 
as  it  never  has  hurt  any  person  who  had  not 
by  misconduct  prepared  himself  for  injury,  I 
am  sure  you  have  nothing  to  apprehend.  It 
will  afford  me  great  satisfaction  to  discounte- 
nance all  unfounded  rumors  or  assertions  to 
your  prejudice  in  this  business. 

"I  leave  Philadelphia  the  2d  June  to  attend 
the  federal  court  of  Delaware ;  to  be  gone 
for  a  few  days.  I  hope,  however,  that  this 
temporary  absence  will  not  deprive  me  of  the 
pleasure  of  seeing  you  when  you  come  this 
way  from  New  York. 

"Your  very  faithful,  obedient  servant, 

"C.  J.  INGERSOLL. 

"Mr.  Jacob  Barker." 


58 


LIFE   OP    JACOB   BARKER. 


During  my  negotiation  for  the  loan  I  was  in 
correspondence  with  the  Bank  of  America, 
which  had  a  very  large  capital,  I  believe  the 
largest  of  any  bank  in  America,  and  supposed 
the  advantages  of  my  plan  would  induce  the 
directors  to  embark  in  it. 

Before  the  appointed  day  I  received  a  letter 
from  the  president  of  that  bank  proposing  that 
I  should  transfer  the  negotiation  to  them. 
This  I  declined,  promising  to  secure  for  the 
banks  who  might  assist  me  all  possible  aid 
from  the  treasury,  and  to  return  to  New  York 
and  confer  with  them  before  I  committed 
myself  to  any  other  bank  or  made  public  my 
plans.  I  did  so,  and  used  every  argument  in 
my  power  to  induce  them  to  embark.  They 
loaned  to  me,  through  my  brother  Abraham, 
who  was  a  director,  $250,000,  declining  all 
further  connexion  with  the  subject. 

Had  that  bank  embarked  to  the  extent  of  its 
capacity  the  Secretary  would  have  been  likely 
to  have  put  my  whole  plan  into  immediate 
operation,  the  circulation  and  deposits  which 
would  have  resulted  therefrom  would  have 
enabled  it  to  have  encompassed  not  only  the 
whole  five  millions,  but  the  residue  of  the 
twenty-five  millions  authorized  by  the  law.  It 
would  have  given  such  a  character  to  the  stock 
that  the  bank  would  have  sold  to  monied  men 
as  fast  as  their  necessities  required  them  to  do 
so.  Large  as  was  its  capital,  the  profits  of 
those  operations,  had  they  been  carried  out 
through  that  bank,  would  have  gone  far 
towards  doubling  its  capital. 

A  great  majority  of  the  directors  were  politi- 
cally opposed  to  the  administration,  which, 
doubtless,  had  an  influence  on  their  minds  in 
deciding  the  question,  however  much  they 
may  have  endeavored  to  rise  above  such  con- 
siderations. 

What  influence  Messrs.  Astor  and  Parish  had 
on  the  minds  of  individual  directors  cannot  be 
known.  Those  gentlemen,  in  connexion  with 
John  Donald,  of  Baltimore,  had  a  favorite  pro- 
ject of  introducing  British  fabrics  into  the 
United  States  through  Canada,  and  supposed, 
if  they  could  defeat  my  operations,  the  neces- 
sities of  the  government  would  induce  the 
administration  to  adopt  their  plan,  hence  their 
opposition  ;  it  did  not  arise  from  any  political 
feeling.  Oliver  Walcott,  the  president  of  the 
bank,  having  previously  refused  to  co-operate 


in  procuring  subscriptions,  lest  it  should  inter- 
fere with  Mr.  Astor's  plans,  it  is  not  unreason- 
able to  conclude  that  the  same  influence  con- 
tinued to  operate. 

"  New  York,  fifth  month,  Uth,  1814. 

"Gentlemen:  I  wish  to  borrow  of  you  one 
million  two  hundred  and  fifty  thousand, 
($1,250,000,)  for  which  I  will  allow  you  six  per 
cent,  per  annum  interest,  to  be  paid  in  advance 
every  sixty  days. 

To  secure  the  payment,  I  will  transfer  to 
you  a  sufficient  amount  of  funded  stock  in  the 
twenty-five  millions  loan,  estimated  at  eighty- 
eight,  (88,)  to  cover  your  advances,  this  amount 
to  be  placed  to  my  debit  and  to  the  credit  of 
government  in  your  books  on  the  25th  instant. 
It  will  be  drawn  out  as  sparingly  as  the  con- 
venience of  government  will  permit,  and  great 
pains  will  be  taken  when  it  is  drawn  out  that 
your  bills  be  received  for  it  and  circulated 
through  the  Union. 

"Should  I  at  any  time  be  disposed  to  redeem 
a  part  or  the  whole  of  this  stock,  I  am  to 
be  at  liberty  to  do  so,  and,  in  that  case,  to  have 
the  right,  on  giving  three  months'  notice,  to 
require  the  same  amount,  or  such  part  of  it  aa 
I  may  choose,  to  be  loaned  to  me  again  on  a 
like  security,  so  long  as  the  said  bank  shall 
receive  one-fourth  part  of  the  collection  of 
custom-house  bonds,  and  one-fourth  of  the 
other  government  business  at  this  place,  which 
business  I  will  undertake  to  procure  from  gov- 
ernment, and  if  I  do  not  succeed  within  thirty 
days  from  the  25th  instant,  the  bank  shall  have 
a  right  to  require  me  to  refund  the  amount 
loaued,  and  to  sell  the  stock  for  the  most  it 
will  fetch  to  accomplish  that  object.  And 
although  this  loan  may  be  refunded  in  a  month, 
and  no  other  loan  in  lieu  thereof  be  required, 
the  said  bank  may  calculate  on  having  the 
benefits  of  said  business  from  government  for 
at  least  two  years,  and  that  they  will  not  be 
disposed  to  change  it  after  that  period  without 
some  more  powerful  cause  exists  than  antici- 
pated; and  although  I  only  stipulate  for  a 
quarter  of  the  government  business,  I  will  do 
all  in  my  power  to  increase  that  proportion. 

"  Very  respectfully,  I  am  your  assured  friend, 
"JACOB  BARKER. 
"To  the  President  and  Directors  of  the 

Bank  of  America." 

"  New  York,  fifth  month,  Uth,  1814. 
"Dear  Friend:  I  have  raised  a  large  sum  of 
money,  through  my  friends,  and  are  selling  my 
old  stocks  at  a  loss,  and  shall  be  enabled  to 
pay  the  first  instalment  on  the  day  promised, 
although  I  find  it  totally  impossible  to  make 
any  satisfactory  arrangements  with  either  of  our 
banks  in  season.  I  have  thought  it  best  to 
leave  the  banks  to  reflect  for  a  few  days,  and 
to  bring  all  my  own  resources  into  action  for 
the  first  payment.     I  therefore  have  to   beg 


MISREPRESENTATIONS  RELATING   TO   THE  LOAN. 


59 


tbee  to  retain  in  thy  own  hands  all  the  patron- 
age of  government,  and  not  grant  any  favors 
to  any  banks  until  thee  hears  again  from  me. 
Please  withhold  from  the  City  Bank  all  share 
of  the  public  deposits  for  a  few  weeks. 

"I  go  this  evening  to  Albany  with  the  hope  of 
doing  somethiug  at  that  place;  and  depend 
upon  it  that  the  scarcity  of  cash  existing  among 
the  banks  is  even  more  serious  than  we  sup- 
posed, and  thee  may  also  depend  upon  my 
overcoming  the  difficulty,  provided  government 
lend  all  their  former  aid  in  favor  of  the  best 
interest  of  the  country. 

"Avoid, if  possible, drawing  on  New  York  for 
a  few  weeks.  A  little  repose  for  our  banks  is 
absolutely  necessary. 

"I  consider  the  news  about  the  allies  entering 
as  a  palpable  fabrication. 

"In  great  haste,  thy  assured  friend, 

'"'JACOB  BARKER. 

"George  W.  Campbell." 

On  the  14th  of  May  I  notified  the  treasury 
that  I  would  place  to  the  credit  of  the  govern- 
ment, on  the  25th  of  that  month,  in  the  Me- 
chanics' Bank  $625,000,  in  the  Bank  of  Amer- 
ica $250,000,  and  in  the  City  Bank  $375,000, 
as  will  be  seen  by  the  following : 

[Extract.] 

"  5th  Month,  Uth,  1814. 

"I  will  place  to  the  credit  of  government,  on 
the  25th  of  this  month — in  the  Mechanics' 
Bank,  $625,000;  in  the  City  Bank  of  America, 
$250,000;  and  in  the  City  Bank,  $375,000. 
Please  give  the  cashiers  of  those  banks  orders 
to  issue  such  scrip  certificates  as  will  enable 
me  to  obtain  funded  stock  for  the  whole,  or 
funded  stock  for  a  part,  and  scrip  with  only 
one  instalment  endorsed  on  it  for  the  balance. 
If,  however,  there  should  be  an  objection  to 
my  taking  two  descriptions  of  scrip  I  will  take 
funded  stock  for  the  whole. 

"  Very  respectfully,  thy  assured  friend, 

"JACOB  BARKER. 

"  G.  W.  Campbell,  Secretary," 

"  New  York,  fifth  month,  lltTi,  1814. 
"  Dear  General  :  The  vast  responsibility 
which  I  have  assumed  engross  a  large  portion 
of  my  thoughts,  because  the  difficulties  I  have 
to  overcome  before  I  can  accomplish  the  de- 
sirable end  are  ten  times  greater  than  my 
friends  at  Washington  anticipated  ;  I,  however, 
reither  doubt  or  despair,  but,  had  my  original 
plan  been  adopted,  to  wit,  had  the  Secretary 
of  the  Treasury  by  contract  given  to  the  banks 
the  patronage  which  he  will  give  as  a  free  will 
offering,  I  sbould  have  less  trouble  and  anxiety ; 
to  remedy  existing  difficulties,  I  am  sacrificing 
a  few  thousand  dollars  in  selling  old  stock  and 
and  other  ways  converting  my  property  into 
cash,  but  for  my  misfortunes  since  the  war,  I 
should  have  had  an  estate  of  nearly  half  a 


million  of  dollars,  the  whole  of  which  should 
have  been  devoted  to  the  service  of  my  country, 
and,  as  it  is,  I  have  about  half  that  sum,  of 
which  the  last  dollar,  if  necessary,  shall  be 
sacrificed  to  enable  me  to  fulfil  my  contract — 
the  pleasure  of  the  nation  at  the  success  of  the 
loan,  both  as  to  rate  and  amount  offered,  is 
more  easily  conceived  than  described.  I  have 
not  met  a  man  of  any  political  description 
that  has  not  expressed  his  disappointment — a 
new  current  in  respect  to  our  loan  will  hence- 
forth prevail.         *         *         *         *         * 

"It  will  require  all  the  support  and  friendship 
of  theTreasury  Departmentto  carry  methrough, 
to  the  importance  of  which  I  beg  thee  to  call 
the  attention  of  the  Secretary  of  the  Treasury. 
I  was  at  Albany  yesterday  and  had  a  confer- 
ence with  the  banks  at  that  place,  those  insti- 
tutions must  all  have  a  little  time  to  reflect.  I, 
therefore,  after  exhibiting  to  their  view  the  ad- 
vantage to  be  derived  from  taking  a  share  with 
me  in  my  contract,  left  them  without  manifest- 
ing any  solicitude  for  them  to  do  so,  and  they 
promised  to  send  agents  to  this  place  to  nego- 
tiate with  me.  I  shall  do  something  to  advan- 
tage with  them.         ***** 

"  A  cartel  has  arrived.  My  brother  writes 
from  Liverpool  that  there  will  certainly  be 
peace  in  July  or  sooner — he  is  well  informed. 

Mullet  &  Co.,  of  London,  who  are  also  well 
informed,  write  a  different  opinion. 

No  news  from  the  John  Adams ;  the  season 
had  been  so  bad  that  23  mails  were  due  from 
Gottenburg  when  the  cartel  left  England. 

"  British  manufactures  fell  20  per  cent,  be- 
tween the  15th  of  March  and  the  8th  of  April, 
in  consequence  of  the  impossibility  of  selling 
them  in  the  continental  markets,  they  were  all 
glutted,  and  no  purchasers  in  consequence ; 
very  large  quantities  destined  for  the  continent 
had  been  shipped  for  Halifax,  for  which  place 
a  richer  convoy  was  near  about  sailing  than 
had  ever  been  sent  there,  and  the  manufactories 
were  in  great  distress  for  cottons,  which, 
together  with  the  general  blockade  will,  I  think, 
convince  every  man  in  the  nation  of  the  bad 
policy  of  repealing  the  restrictive  system. 

"  The  success  of  the  allies  and  the  general 
blockade  operate  very  much  against  the  loan; 
so  difficult  is  it  to  raise  money  that  Parish  told 
me  it  was  impossible  for  him  to  raise  a  single 
$100,000inPhiladelphiaonadepositeofUnited 
States  stock  ;  a  Mr.  Williams,  a  director  in  one 
of  the  banks  at  Baltimore,  and  Mr.  Lawrence, 
a  director  in  the  Manhattan  Bank,  went  to 
Boston  to  borrow  money  for  those  banks,  and, 
although  they  offered  to  deposite  United  States 
stock  at  50  per  cent,  and  the  security  of  their 
banks,  they  could  not  get  a  single  $100,000. 

"Thus,  my  friend,  if  I  accomplish  what  I  have 
undertaken,  my  enemies,  I  hope,  will  give  me 
some  credit. 

"  Very  respectfully,  your  assured  friend, 

"JACOB  BARKER. 

"General  Jonx  Armstrong. 


60 


LIFE   OF   JACOB   BARKER. 


[Extract.] 

"  New  York,  ffth  month,  IM,  1814. 
"Esteemed  Friend:  I  wrote  thee  under  date 
of  the  14th,  saying  that  I  should  paj,  on  the 
25th  instant,  to  the  credit  of  government  in 
the  Mechanics' Bank,  $625,000;  in  the  Bank  of 
America,  $250,000;  in  the  City  Bank,  $375,000; 
in  all,  $1,250,000;  the  amount  of  the  first  instal- 
ment on  my  subscription  to  the  ten  millions 
loan,  which  I  now  confirm. 

"I  wish  scrip  issued  by  the  Mechanics'  Bank 
for  about  $50,000  of  the  above ;  and  for  the 
balance  I  wish  stock;  if  I  cannot  have  both,  I 
wish  funded  stock  for  the  whole. 

"Please  give  timely  instructions  to  the  cashiers 
of  the  different  Banks. 

"Some  Philadelphians  are  here  who  have 
been  disappointed  in  getting  part  of  the  loan, 
who  say  that  I  have  backed  out  of  the  contract, 
and  that  in  consequence  thereof  new  books  for 
subscription  to  the  loan  are  open  at  the  banks 
in  Philadelphia. 

"  This  base  fabrication  cannot  injure  me,  as  I 
look  upon  everything  with  composure,  and  am 
determined  to  be  quiet  and  apparently  uncon- 
cerned until  after  the  first  instalment  is  paid. 
"  Gallatin  writes  from  Amsterdam,  under  date 
of  the  8th  of  March,  that  he  left  St.  Peters- 
burg on  the  25th  January,  and  reached  Amster- 
dam on  the  4th  March,  where  he  only  waited 
the  arrival  of  the  Neptune  to  depart  for 
America  ;  she  was  frozen  up  in  the  outer  har- 
bor of  Gottenburg,  from  which  place  no  vessel 
had  departed  for  seven  weeks  previous,  the 
■winter  having  been  uncommonly  severe. 

"  He  expected  her  by  the  15th,  and  to  depart 
by  the  1st  of  April,  but  no  packet  reached  Eng- 
land prior  to  the  8th  of  April,  the  ice  must  have 
detained  the  Neptune  longer  than  he  calculated. 
"  He  had  not  the  least  intention  of  stopping 
in  England.  Bayard  would  proceed  to  Gotten- 
burg to  attend  to  his  new  appointment. 

"Gallatin  had  not  received  any  information 
of  his  new  appointment,  nor  was  it  known  in 
Liverpool  on  the  8th  of  April. 

"When  he  left  St.  Petersburg,  he  did  not 
know  that  the  Russian  mediation  had  been 
entirely  rejected,  nor  had  he  any  official  advice 
of  his  own  rejection  by  the  Senate,  his  last 
letters  from  the  American  government  being 
dated  in  June. 

"At  Amsterdam, Bayard  received  the  informa- 
tion in  a  letter  from  the  Secretary  of  State, 
dated  January  8th.  It  is  probable  the  John 
Adams  will  arrive  out  in  season  to  detain  Gal- 
latin in  Europe. 

"Thy  assured  friend, 

"JACOB  BARKER. 
"  George  W.  Campbell,  esq". 
The  story  of  my  having  backed  out  of  my 
contract  arose  from  subscriptions  going  on  at  a 
bank  in  Philadelphia,  through  Cashier  Whann, 
of  the  District  of  Columbia,  for  a  portion  of 
the  remaining:  million;  the   National   Intelli- 


gencer, the  organ  of  the  government,  having 
announced  that  the  whole  ten  millions  had 
been  taken,  the  Philadelphians  concluded,  from 
books  being  immediately  thereafter  opened  to 
receive  subscriptions  in  the  ten  millions  loan, 
that  the  contractors  had  backed  out,  and  did 
not  hesitate  to  assume  it  as  a  fact  and  circulate 
it  to  my  prejudice.  No  banks  had  been  opened 
in  Philadelphia  by  authority  of  government. 
The  whole  proceeding  was  an  effort  of  indi- 
viduals to  encompass  this  million,  who  were 
aided  by  the  bank  doing  business  with  govern- 
ment, who  wished  to  defeat  my  plan  of  taking 
away  a  portion  of  its  business.  They  failed 
in  their  attempt  to  encompass  the  million. 

"  Washington,  May  19,  1814. 

"Dear  Sir:  I  have  to  acknowledge  the  re- 
ceipt of  your  several  favors  since  you  left  this, 
including  those  of  the  14th  inst.,  and  the  pres- 
sure of  current  business  alone  prevented  an 
earlier  answer  to  either  of  them. 

"I  regret  you  should  have  found  it  necessary 
to  make  any  sacrifice,  in  order  to  effect  your 
object  in  relation  to  the  loan.  I  trust,  however, 
that  the  price  of  stock  will  soon  advance  so  as 
to  enable  the  holders  of  it  to  realize  without 
difficulty,  not  only  the  full  amount  it  cost  them, 
but  such  an  additional  profit  as  will  be  an 
ample  reward  for  their  trouble  and  exertions, 
as  well  as  the  dispositions  by  them  manifested 
to  aid  the  fiscal  operations  of  the  government. 

"You  request  tha.t  directions  may  be  given  to 
the  cashiers  to  issue  such  scrips  as  will  enable 
you  to  obtain  stock.  The  scrip  is  all  issued  in 
the  same  manner.  The  instructions  to  issue 
stock  upon  the  scrip  are  given  to  the  Commis- 
sioner of  Loans.  It  is,  however,  submitted 
whether  any  real  advantage  would  result  to 
you  from  authorizing  stock  to  be  issued  on  the 
scrip  immediately  for  the  first  instalment. 

"The  authority, if  given,  mustbe  general,  and 
such  as  choose  allowed  to  take  advantage  of 
it.  It  would  seem  to  me  the  scrip  would  be  as 
valuable,  and  would  be  made  to  answer  all  the 
purposes  of  stock,  at  least  for  the  one  month; 
after  which  stock  would  issue  in  the  usual 
course  for  the  first  instalment.  The  objections, 
however,  to  issuing  stock  on  each  instalment 
were  not  deemed  insuperable,  nor  are  they  yet 
considered  so  upon  proper  assurances  being 
given.  It  will,  therefore,  be  done  to  such  as 
may  require  it,  if  you  shall  consider  it  neces- 
sary to  insist  on  it  as  it  was  stated  in  your 
proposal.  Some  additional  assurance,  how- 
ever, besides  the  retaining  the  one-fourth  per 
cent,  would  be  desirable;  not  to  stimulate  you 
to  exertions,  which  is  not  considered  necessary, 
but  for  other  reasons  which  you  will  readily 
perceive,  and  to  which  you  will  no  doubt  give 
their  due  weight.     Your  determination  on  this 


MISREPRESENTATIONS   RELATING   TO  THE   LOAN. 


61 


point  you  can  make  known  to  me  at  a  day  suffi- 
ciently early  to  obtain  stock  as  soon,  probably, 
as  the  new  certificates  for  that  purpose  can  be 
prepared.  No  time,  however,  will  be  lost  in 
having  them  put  in  a  state  of  readiness. 

"  Some  inconvenience  will  be  experienced  in 
issuing  stock  for  every  instalment,  which  it 
would  be  desirable  to  avoid  ;  and  you  will  con- 
sider whether  your  interest  would  in  reality 
be  promoted  thereby;  or  whether  it  might  not 
excite  some  alarm  that  you  intended  throwing 
the  stock  thus  issued  into  the  market,  &c. 

"  These  remarks  are  suggested  merely  for 
your  consideration,  that  you  may  view  the 
whole  ground  as  it  presents  itself  to  me  in 
finally  making  up  your  opinion  on  the  subject. 

"  No  embarrassment,  however,  will  be  occa- 
sioned by  me  to  any  of  those  engaged  in  the 
loan,  that  can  consistently  with  strict  propriety 
and  the  public  interest  be  avoided. 

"  The  late  news  from  Europe  is  very  unex- 
pected, and  in  many  respects  extraordinary, 
but  will,  upon  the  whole,  it  is  presumed,  im- 
prove the  price  of  stocks ;  which  are  quoted  in 
England  some  at  pa?-  and  others  nearly  so. 

"  Please  tender  my  best  respects  to  Mrs.  Bar- 
ker, and  believe  me,  with  sincere  esteem,  sir, 

"  Your  friend  and  most  obedient  servant, 
"  G.  W.  CAMPBELL. 
"Jacob  Barker,  esq." 

[Extract.] 

"  5th  Month,  21st,  1814. 

"  The  banks  bave  received  from  me  the  cir- 
cular authorizing  them  to  receive  the  first  in- 
stalments on  the  five  millions  I  subscribe  to 
the  present  loan,  and  to  issue  scrip  therefor. 
Under  those  orders  I  fear  I  cannot  get  funded 
stock  for  the  amount  of  said  instalments,  as 
the  persons  from  whom  I  have  borrowed  the 
money  will  not  let  me  have  it  on  scrip  that 
will  subject  them  to  loan  further  and  greater 
sums.  I  beg  thee  to  give  such  further  orders 
as  may  be  necessary  to  carry  my  agreement 
into  full  effect ;  do  not  let  there  be  a  day's  de- 
lay, as  it  would  be  to  me  a  source  of  great  mor- 
tification not  to  pay  the  instalments  regularly. 
Such  a  circumstance  will  be  used  with  avidity 
by  the  public  and  ascribed  to  the  want  of  mo- 
ney, and  be  trumpeted  all  over  the  United 
States,  greatly  to  my  injury  and  to  the  injury 
of  government,  and  of  the  public  stocks.  I 
have  borrowed  of  the  City  Bank,  in  this  city, 
§500,000  towards  paying  my  second  instal- 
ment ;  the  directors  of  that  bank  have  and  will 
do  everything  in  their  power  to  accommodate 
government  and  to  assist  me  through  my  con- 
tract. I  therefore  take  the  liberty  of  recom- 
mending that  bank  to  thy  notice,  and  to  solicit 
for  it  all  the  support  and  patronage  in  the 
power  of  government  to  give. 

"  Very  respectfully,  thy  assured  friend, 

"JACOB  BARKER. 

"  George  W.  Campbell." 


It  is  evident  that  one  of  the  objects  in 
withholding  the  stock  was  to  prevent  my  put- 
ting it  in  the  market  for  sale ;  how  else  wa3 
I  to  raise  the  money,  and  why  was  the  mo- 
ney required  to  be  furnished  in  four  monthly 
instalments?  Was  it  not  to  allow  the  contrac- 
tors time  to  sell  the  stock  received  for  one  in- 
stalment to  pay  the  next,  and  so  on  to  the  end? 
Again,  was  not  the  stock  mine  after  I  paid  for 
it,  and  if  mine,  had  I  not  the  right  to  do  with 
it  as  I  chose  ? 

Having  a  million  in  money  in  readiness  to 
be  placed  at  the  disposition  of  the  treasury, 
without  the  aid  of  a  dollar's  worth  of  stock  or 
the  promised  bank  patronage,  I  concluded 
this,  with  my  having  previously  lent  more  than 
seventeen  hundred  thousand  dollars  to  carry 
on  the  war,  would  be  &  sufficient  assurance  for 
the  payment  of  the  instalment.  Security  had 
been  expressly  waived,  and  the  Secretary  in  this 
letter  says,  that  so  far  as  I  was  concerned  that 
it  was  not  necessary,  and  that  I  was  by  my 
contract  entitled  to  the  stock,  which  should  be 
issued  as  soon  as  the  certificates  could  be  pre- 
pared. They  should  have  been  prepared  long 
before ;  it  was  but  the  work  of  a  day.  The 
delay  was  a  manouvre  of  the  treasury  clerks  j 
the  Secretary  was  made  to  believe  I  wished  the 
stock  to  throw  into  the  market  to  break  down 
its  price.  Not  doubting  that  the  stock  would 
be  at  New  York  on  the  appointed  day,  I  opened 
a  negotiation  with  the  City  Bank,  who  ap- 
pointed a  committee  to  negotiate  with  me,  and 
which  committee  made  the  following  written 
proposition,  which  was  presented  to  me  in  the 
hand  writing  of  one  of  its  members: 

"  The  committee  will  propose  to  the  board, 
provided  it  meets  the  views  of  Mr.  Barker,  to 
loan  him  $500,000  for  one  year,  at  6  per  cent, 
per  annum. 

"  Interest  to  be  paid  quarterly ;  to  secure  pay- 
ment of  which,  Mr.  Barker  shall  transfer  to  the 
bank  a  sufficient  amount  of  funded  stock  of  the 
twenty-five  millions  loan,  estimated  at  eighty- 
five  per  cent.  ($15,000  in  a  note  endorsed  by 
Minturn  and  Champlin,  to  make  up  the  differ- 
ence between  85  and  88  per  cent.)  This  amount 
to  be  placed  to  his  debit,  and  to  the  credit  of 
government  on  the  25th  June  next. 

u  Mr.  Barker  to  have  the  privilege  of  redeem- 
ing the  whole,  or  any  part  of  the  stock  so 
pledged,  at  any  time  on  or  before  the  expira- 
tion of  the  term  for  which  the  loan  to  him  is 
made. 

"  Mr.  Barker  immediately  to  obtain  the  trans- 
fer of  one-third  of  all  the  government  business 


62 


LIFE   OF  JACOB  BARKER. 


in  this  city  to  this  bank,  to   continue   for  at 
least  two  years." 

To  this  proposition  I  agreed, oncondition  that 
it  should  be  void  if  government  did  not  give 
them  one-third  of  its  business  in  this  city. 
"When  the  committee  presented  the  proposition 
to  the  board  of  directors,  it  was  agreed  to  by 
them,  and  the  word  "  carried"  written  on  it  by 
the  president.  The  original  paper,  thus  marked 
by  the  president,  was  delivered  to  me  and  re- 
mains in  my  possession.  This  arrangement 
proves,  beyond  all  controversy,  that  I  had  not 
set  too  high  a  value  upon  the  patronage  of 
government,  and  that  if  the  expected  patronage 
was  afforded  I  could  do  more  than  I  had  un- 
dertaken to  perform. 

While  I  was  engaged  in  the  most  active  ex- 
ertions to  complete  the  necessary  arrangements 
to  enable  me  to  comply  with  my  contract,  a  con- 
siderable number  of  the  Federalists  were  equally 
active  in  their  endeavours  to  frustrate  my  plans. 
Not  contented  with  the  innumerable  calumnies 
which  flow  through  the  channel  of  private  con- 
versation and  secret  whispers,  they  continued 
to  resort  to  newspaper  productions.  Among 
other  incorrect  publications  on  the  subject, 
I  shall  notice  another  article  which  appeared 
in  the  Federal  Republican,  shortly  after  the 
contract  for  the  loan  of  the  second  of  May  was 
made.  In  that  article,  with  a  view  to  allevi- 
ate his  mortification,  and  to  recover  from  the 
fall  which  he  had  sustained  by  the  failure  of 
the  strong  predictions  which  he  had  so  often 
repeated  that  the  loan  would  fail,  and  lest  it 
should  become  publicly  discovered  that  the 
Federal  party  did  not  possess  all  the  wealth 
and  talents  of  the  nation,  the  conductor  of 
that  paper  states,  among  other  things,  that  the 
money  which  I  had  lent  was  Federal  money, 
which  gentlemen  of  that  character  had  author- 
ized me  to  contract  for  on  their  account,  upon 
condition  of  keeping  their  names  a  secret;  and 
that  I  had  not  only  made  private  promises  of 
secrecy,  but  had  caused  a  public  promise  to 
that  effect  to  be  inserted  in  the  Boston  news- 
papers. This  is  so  far  from  being  correct 
that  I  never  published  any  advertisement  in 
the  Boston  papers  upon  the  subject,  either  with 
or  without  such  a  promise  ;  nor  have  I  the 
smallest  recollection  of  having  entered  into 
such  an  engagement  in  any  private  conversa- 
tion, much  less  iu  an  advertisement.    No  ne- 


cessity ever  existed  for  such  a  measure.  I  never 
heard  that  any  gentlemen  who  had  subscribed 
through  me  to  the  loan  intimated  a  wish  that 
their  names  should  be  concealed;  on  the  con- 
trary, they  appeared  to  consider  themselves 
performing  a  very  pleasing  and  honorable  duty 
to  their  country.  The  only  imaginable  reason 
to  which  I  could  attribute  the  statement  of  the 
"  Federal  Republican,"  that  I  had  obtained  sub- 
scriptions under  such  a  promise  at  Boston, 
was  that  its  editor  had  ascertained  that  all  the 
subscribers  on  my  public  book  in  New  York 
did  not  collectively  sign  for  much  over  four 
hundred  thousand  dollars.  It  could  not,  there- 
fore, have  been  Federal  money,  unless  I  had 
secret  subscribers  for  the  money  which  I  had 
contracted  to  supply.  That  the  editor  of  the 
"  Federal  Republican"  had  procured  informa- 
tion of  the  little  success  I  had  met  with  in  ob- 
taining subscribers  for  the  loan  no  one  will 
doubt  who  reads  his  previous  article  of  the 
third  of  May. 

I  now  considered  myself  not  only  provided 
with  funds  to  pay  my  first  instalment,  but  also 
with  half  a  million  of  dollars  towards  my  sec- 
ond one,  when  the  following  correspondence 
took  place: 

"Fifth  month,  21st,  1814. 

"Esteemed  Friend:  I  have  had  great  success 
in  my  operations,  and,  although  I  have  not  yet 
got  quite  all  the  money  for  the  first  instalment, 
I  have  borrowed  $500,000  towards  the  second 
instalment,  and  shall  not  have  any  difficulty  in 
getting  the  whole  five  millions  in  season  punc- 
tually to  meet  my  payments. 

"I  have  not  as  yet  made  many  arrangements 
predicated  on  the  banks  getting  government 
business. 

"The  accommodation  I  get  from  the  City 
Bank  is  to  be  immediately  refunded  them  if 
they  do  not  get  one-third  part  of  all  the  gov- 
ernment business  done  at  this  place,  therefore 
I  beg  the  favor  of  thy  giving  the  necessary 
orders  to  that  end,  particularly  to  the  col- 
lectors of  the  customs,  and  to  the  collectors  of 
internal  taxes  for  this  and  the  neighboring 
districts,  and  in  relation  to  the  deposits  of 
money  collected  in  New  England  States.  I 
am  very  anxious  for  this  to  be  done  within  a 
very  few  days  that  there  may  not  be  any  bar  to 
my  proceedings. 

'•  This  is  the  one-third  of  the  business  I  con- 
templated procuring  for  the  Bank  of  America, 
but  as  I  could  not  get  the  accommodation  ex- 
pected, I  have  not  promised  them  anything, 
but  they  have  lent  me  $250,000,  and  will 
probably  lend  me  more,  therefore  I  feel  very 
desirous  that  they  should  have  a  part  of  gov- 


CORRESPONDENCE   RELATIVE   TO   THE   LOAN. 


63 


ernment  business.  Can  thee  not  give  them  the 
business  which  thee  contem  plated  giving  the  City 
Bank  in  the  event  of  my  getting  such  accom- 
modation from  the  Bank  of  America  as  for 
thee  to  have  been  induced  to  give  them  one- 
third  of  the  business  which  I  now  solicit  for  the 
City  Bank.  At  any  rate,  I  wish  thee  to  order 
a  few  of  the  county  collectors  of  internal  taxes 
in  New  Jersey,  New  York,  and  Connecticut, 
to  make  their  deposits  in  the  Bank  of  America. 

"In  the  course  of  a  few  weeks  I  calculate  to 
makejan  arrangement  with  them  about  their  notes 
being  received  throughout  the  United  States. 

"I  fear  I  shall  suffer  severely  by  my  contract, 
as  money  is  very  scarce,  and  I  have  to  make 
large  advances,  that  is,  I  have  to  deposit  the 
stock  as  collateral  security  at  a  less  price  than 
I  give  for  it,  some  as  low  as  75 — consequently 
I  have  to  advance  the  difference,  which  on  five 
millions  is  more  than  any  individual  merchant 
in  America  can  spare  from  his  other  business 
without  great  loss,  and  by  the  sale  of  old  stocks 
I  shall  lose  all  my  commissions  on  the  five  mil- 
lion loan. 

"Be  the  loss  what  it  may,  I  will  persevere 
through  it,  and  prove  to  the  world  that  I  can  do 
what  they  say  no  other  man  in  America  could 
have  done,  and  what  very  few  thought  I  could 
do.  The  government  have  only  to  support  and 
protect  me  and  I  can  give  them  all  the  aid 
they  want.  I  should  be  glad  if  thee  could 
address  a  letter  immediately  to  the  City  Bank, 
expressing  pleasure  at  their  haviug  aided  me, 
&c,  <fcc.  I  enclose  for  thy  perusal  an  agree- 
ment by  which  thee  will  perceive  the  terms  on 
which  I  am  picking  up  the  money  in  small  lots, 
which  please  return  to  me  by  mail.  I  am 
sorry  to  say  that  Smith,  and  other  Baltimore 
people,  are  very  hostile  to  me,  and  that  Astor 
is  worse,  and  has  spoken  to  the  directors  of  the 
bank,  cautioning  them  against  expecting  favor 
from  government  from  my  influence.  Upon 
all  those  things  I  smile  with  silent  contempt — 
carefully  avoiding  taking  part  in  such  un- 
worthy feelings,  or  in  any  other  way  having  my 
mind  diverted  from  the  single  object  of  punc- 
tually fulfilling  my  contract,  which  is  as  near 
my  heart  as  my  existence. 
"With  esteem,  &c, 

"JACOB  BARKER, 

"George  W.  Campbell." 

"Since  writing  the  above,  I  have  seen  the 
Federal  Republican  of  Friday,  from  several 
articles  in  it,  and  from  several  which  have  pre- 
viously appeared  in  that  paper,  I  am  satisfied, 
beyond  a  doubt,  that  Smith,  the  cashier  of 
Baltimore,  details  to  him  all  the  facts  thee 
knows,  and  a  great  many  conjectures  as  facts, 
with  a  view  to  injure  thyself  in  the  estimation 
of  the  public.  J.  B." 

[Extract.] 

"  New  York,  ffth  month,  23(7, 1814. 
"  I  have  only  time  by  this  mail  to  say,  in 


answer  to  thy  esteemed  favor  of  the  19th  inst, 
that  it  will  not  be  possible  for  me  to  get  on 
without  I  get  funded  stock  for  each  instalment 
as  fast  as  I  pay  them. 

"I  have  mortgaged  my  stores  to  one  of  the 
banks  to  secure  them  against  loss  for  the  money 
lent  me  by  a  fall  of  the  stock,  and  I  have 
given  other  security  to  other  banks,  and  to 
individuals  I  have  hypothecated  the  stock 
below  the  contract  price,  which  subjects  me  to 
a  heavy  advance." 

The  instalment  day  arrived,  and  no  stock 
had  been  received  at  the  loan  offices.  To 
pacify  those  who  had  agreed  to  furnish  me 
with  a  portion  of  the  money  on  the  security  of 
stock,  and  to  prevent  ultimate  disappointment,  I 
induced  them  to  place  it  in  the  New  York  banks, 
each  taking  an  agreement  from  the  banks  to 
refund  it  in  case  the  stock  should  not  be  received 
within  a  limited  number  of  days.  Notification 
was  sent  to  the  treasury  by  the  banks  that 
they  held  the  money  subject  to  its  order,  pro- 
vided the  stock  should  be  furnished  within  a 
limited  period.  Under  this  arrangement  I 
placed  one  million  of  dollars  in  the  banks  on 
the  25th  May,  1814,  and  addressed  a  letter  to 
the  Secretary  of  the  Treasury  as  follows : 
[Extract.] 

"New  Yore,  fifth  month,  26th,  1814. 

"Every  malice,  political  prejudice,  scarcity 
of  money,  timidity  with  the  banks,  commercial 
distress,  and  the  entire  stagnation  of  commerce, 
all  operates  against  me,  yet  I  have  the  vanity 
to  believe  myself  more  than  a  match  for  the 
whole. 

"  Thee  knows  I  never  represented  my  subscri- 
bers as  amounting  to  much,  and  they  have 
dwindled  into  mere  nothing. 

"The  arrangements  I  have  made  with  the 
City  Bank  of  this  place  are  the  most  pleasing 
and  satisfactory,  although  I  have  not,  as  origin- 
ally intended,  placed  any  part  of  the  first  instal- 
ment in  that  bank,  yet  I  have  an  absolute  en- 
gagement from  them  to  loan  me  $500,000  for 
one  year,  and  place  it  to  the  credit  of  govern- 
ment on  the  25th  of  next  month,  therefore  I 
have  to  request  that  thee  will,  without  delay, 
place  one  third  of  the  business  of  this  place 
with  that  bank,  of  which  the  collection  of  inter- 
nal taxes  forms  an  important  item. 

"I  have  not  as  yet  perfected  any  arrange- 
ment about  the  notes  of  any  bank  being  re- 
ceived for  duties  and  taxes  in  other  parts  of 
the  United  States;  that  business  has  not  lost 
any  of  its  importance,  in  my  estimation,  and 
must  use  it  to  carry  me  through  my  other  pay- 
ments. 

"On  the  payment  of  the  first  instalment  on 
my  subscription  of  five  millions  to  the  last 
loan,  I  was,  by  contract,  to  receive  funded 
stock.     That  not  being  in  readiness  to  deliver 


64 


LIFE   OP  JACOB   BARKER. 


me,  I  could  not  fulfill  my  engagements  to  the 
money  holders  to  whom  I  had  agreed  to  hypothe- 
cate it  as  collateral  security  for  money  they 
agreed  to  loan  ine.  As  they  would  not  take  a 
scrip,  the  goodness  of  which  depended  on  the 
payment  of  another  instalment,  this  difficulty 
could  not  be  entirely  overcome,  and  if  thee 
knew  what  trifling  circumstances  frighten 
money  holders  thee  would  be  surprised  at  the 
extent  I  have  progressed  in  overcoming  it, 
which  I  have  done  so  far  as  to  deposit  $150,000 
in  the  .Mechanics'  and  Farmers'  Bank  of  Albany, 
$250,000  in  the  Bank  of  America  in  this  city, 
$025,000  in  the  Mechanics'  Bank  in  this  city, 
and,  I  hope,  in  a  day  or  two,  to  deposite  the 
remaining  $225,000.  It  will,  at  all  events,  be 
done  the  moment  I  can  get  full  stock,  and  I 
was  not  bound  to  pay  before  I  got  full  stock." 

"Washington:  City,  May  23,  1814. 

"Dear  Sir:  Your  favor  of  the  19th  instant 
has  been  received.  I  wrote  you  a  few  days 
ago,  informing  you  that  the  scrip  for  the  loan 
would  issue  as  usual,  that  instructions  to  issue 
stock  must  be  given  to  the  commissioners  of 
loans,  who  would  then  issue  it  on  the  scrip.  In 
addition  to  what  I  then  said  on  this  subject,  I 
•would  now  remark  that  instructions  to  com- 
missioners of  loans  in  relation  to  stocks  are 
generally  given  by  the  comptroller.  Mr.  Bacon 
is  now  absent,  but  is  expected  about  the  first,  of 
next  month,  and  though  another  person  (Mr. 
Luffborough)  is  authorized  to  act  during  the 
absence  of  the  former,  yet  it  would  be  more 
agreeable  that  instructions  of  such  importance 
should  come  from  the  comptroller  himself.  The 
delay  awaiting  his  return  would  occasion  in 
issuing  stock  could  be  only  a  few  days.  Ad- 
vise me  on  receipt  of  this. 

"With  much  respect,  I  am,  sir,  your  friend 
and  most  obedient, 

"G.  W.  CAMPBELL. 

"  Jacob  Barker,  esq." 

This  letter  completely  establishes  the  very 
material  point  that  Mr.  Campbell  considered 
me  entitled  to  receive  funded  stock;  for  without 
raising  any  objection,  or  mentioning  any  other 
difficulty,  he  ascribes  the  delay  merely  to  the 
absence  of  the  comptroller,  assuring  me  that 
the  only  inconvenience  which  would  be  ex- 
perienced would  be  that  of  a  few  days  delay. 

The  reason  for  the  delay,  in  my  estimation, 
was  totally  inadequate. 

In  full  reliance  on  the  promise  of  the  Secre- 
tary to  place  a  portion  of  the  public  patronage 
at  my  disposal  to  such  approved  banks  as 
should  aid  me  in  supplying  the  necessities  of 
the  government,  I  made  application  to  the 
Bank  of  America  in  relation  to  circulation,  as 
follows : 


"  Fifth  month,  21th,  1814. 

"  Gentlemen  :  If  you  will  loan  to  me  $1,259,000  at  6  per 
cent,  per  annum,  I  will  secure  the  payment  by  transferring 
to  you  $250,000  stock  in  your  bank  at  the  market  price,  and 
$1,000,000  six  per  cent,  stock  in  the  25  million  loan  at  S3 — 
$200,000  to  be  paid  to  me  from  time  to  time  as  I  meet  with 
opportunities  to  purchase  your  stock,  and  of  the  $1,000,000, 
$200,000  shall  be  returned  you  for  money  loaned  to  my 
brother ;  $250,000  placed  to  the  credit  of  government  on 
the  25th  June,  same  the  25th  July,  same  the  25th  August, 
in  the  books  of  your  bank,  the  whole,  or  any  part  thereof, 
to  be  refunded  at  my  pleasure,  and  to  be  reioaned  to  me  on 
like  security,  and  three  months'  notice  whenever  I  may 
wish  it,  and  I  will  undertake  to  procure  from  the  Treasury 
Department  an  order  to  the  several  banks  at  New  Or- 
leans, Savannah,  Charleston,  Wilmington,  North  Caro- 
lina, Norfolk,  Wilmington,  Delaware,  and  in  the  New  Eng- 
land States,  who  now  or  hereafter  may  do  government 
business,  to  receive  your  notes  in  all  payments  to  the 
United  States,  and  to  hold  such  notes  at  your  disposal, 
transmitting  to  the  Treasury  Department  a  weekly,  monthly, 
or  quarterly  certificate  of  their  amount,  which  certificates 
the  Treasury  Department  shall  transmit  to  you  to  place  the 
amount  to  the  credit  of  government  in  your  books ;  this 
arrangement  shall  continue  for  two  years,  and,  if  it  oper- 
ates to  the  satisfaction  of  government,  they  will  be  disposed 
to  continue  it  as  it  is  believed  to  be  capable  of  answering 
all  the  purposes  of  a  National  Bank,  and  a  substitute  for 
such  an  institution  is  very  desirable — the  collectors  of  in- 
ternal and  external  taxes  being  instructed  to  receive  all 
the  notes  that  the  bank  will  receive  where  they  do  busi- 
ness, a  more  extensive  order  from  the  Treasury  Depart- 
ment is  not  thought  necessary  to  give  your  paper  complete 
circulation — before  you  loan  the  money  the  orders  here 
promised  shall  be  issued,  and  the  moment  you  are  de- 
prived of  the  business  by  government,  my  right  to  borrow 
from  you  to  cease,  and  all  the  money  borrowed  to  be  forth- 
with refunded,  and  you  to  have  a  right  to  sell  my  stock  for 
the  most  it  will  fetch  to  accomplish  that  object. 

"  With  esteem,  your  assured  friend, 

"JACOB  BARKER. 

"President  and  Directors  of  the  Bank  of  America." 

"Washington  Citt,  May  27, 1814. 

"  Dear  Sir  :  Your  favors  of  the  21st  and  23d  have  been 
received  and  duly  considered.  Indisposition  for  some  days 
has  prevented  me  from  answering  them,  or,  indeed,  attend- 
ing to  business,  except  in  unavoidable  cases.  Enclosed 
you  will  receive  the  letter  that  accompanied  yours ;  and 
in  a  day  or  two  shall  answer  them  more  in  detail.  In  the 
meanwhile  no  time  shall  be  lost  in  sending  on  the  certifi- 
cates of  stock  to  the  loan  office  ;  and  the  best  instructions 
in  our  power,  on  the  subject,  will  be  given  at  as  early  a 
day  as  possible.  No  disposition  is  entertained  to  throw 
any  difficulties  in  your  way;  but  we  must  act  consistently, 
and,  as  far  as  our  judgment  enables  us  to  decide,  correctly. 
This  is  all  I  have  written  for  some  days. 

"  I  am,  sir,  your  friend  and  most  obedient, 

"  G.  W.  CAMPBELL. 

"Jacob  Barker,  esq. 

"P.  S. — We  hope  the  next  news  from  Europe  will  be  more 
acceptable  than  the  last,  and  raise  the  price  of  stocks." 


"Washington  City,  May  25,  1814. 

"Dear  Sir:  Your  favors  of  the  21st  have 
been  duly  received,  and  enclosed  I  return  you 
the  letter  which  accompanied  them. 

"I  regret  very  much  you  should  meet  with 
difficulties  in  effecting  payments  on  your  part 
of  the  loan.  It  is  hoped  money  operations  will 
become  more  easy.  The  next  news  from 
Europe  may,  probably,  announce  a  continental 
peace,  whether  Bonaparte  or  a  Bourbon  rules 
in  France.  This  would,  undoubtedly,  produce 
a  rise  in  stocks  and  greatly  facilitate  all  our 
fiscal  operations. 

"I  am  duly  sensible  of  the  liberality  with 
which  the  City  Bank  has  at  this  eventful  crisis 
afforded  its  aid  to  the  government.  Its  friendly 
disposition  is  evinced  as  well  by  the  amount  of 
the  loan  it  has  itself  taken,  as  by  the  facilities 


CORRESPONDENCE   RELATIVE   TO    THE   LOAN. 


65 


it  has  afforded  individuals  in   fulfilling  their 
engagements  with  the  treasury. 

"  The  application  made  by  that  bank,  through 
its  president,  for  a  portion  of  the  public  de- 
posits has  been  held  under  consideration,  and 
a  disposition  is  entertained  to  extend  to  it  a 
share  of  the  benefits  of  such  deposits.  Should 
this  be  done,  however,  it  must  be  with  a  due 
regard  to  the  interests  of  other  institutions 
who  have  not  failed,  in  like  manner,  to  afford 
their  aids  to  government. 

"May  28. — Your  favor  of  the  23d  instant  has 
been  received. 

"You  may  rest  assured  we  shall  not  do  any- 
thing calculated  to  embarrass  those  engaged 
in  the  loan  that  can  consistently,  with  pro- 
priety, be  avoided. 

"You  observed  in  your  letter  to  me  on  the 
subject  of  stock,  &c,  you  were  desirous  to  retain 
a  certain  part  of  the  scrip  without  taking  certifi- 
cates of  funded  stock  thereon.  To  effect  your  ob- 
ject, therefore,  as  far  as  it  appears  to  me  practi- 
cable, consistently  with  a  due  regard  to  the  public 
interest,  and  in  compliance  with  jour  proposal, 
I  have  directed  instructions  to  be  given  to  the 
proper  loan  officers  by  which  you  and  other 
large  subscribers  to  the  loan  will  be  enabled, 
on  application,  to  obtain  certificates  of  funded 
stock  for  the  amount  of  each  instalment  paid, 
except  one  twentieth  part  thereof;  for  which 
one-twentieth  part  certificates  of  stock  are  not 
to  be  issued  until  the  next  instalment  is  paid. 
This  one-twentieth  part  is  retained  in  scrip  as 
the  assurance  for  the  payment  of  the  next  in- 
stalment. This  cannot,  it  is  presumed,  in  any 
degree  embarrass  your  arrangements ;  bein?, 
as  nearly  as  may  be,  conformable  to  your  own 
views,  as  made  known  to  me  in  your  letter 
already  noticed. 

"The  instructions  to  the  loan  officers  it  was 
expected  would  have  been  sent  off  this  day. 
The  comptroller,  however,  has  not  been  able 
to  prepare  them.  They  will,  without  fail,  go 
on  Monday  next. 

"The  certificates  of  stock  could  not  be  pre- 
pared at  an  earlier  day,  and  your  pressing  soli- 
citation alone  induced  me  to  cause  the  instruc- 
tions to  be  now  issued ;  otherwise  they  would 
have  awaited  the  return  of  Mr.  Bacon. 

"The  first  part  of  this  letter  was  written  on 
the  25th,  and  previous  to  the  few  lines  lant 
sent  you.  Indisposition  prevented  me  from 
then  finishing  it,  or,  indeed,  attending  to  other 
business  during  some  days.  My  health  is  im- 
proving, though  still  very  delicate. 

"Please  make  my  compliments  acceptable 
to  Mrs.  Barker,  and  believe  me,  with  much  re- 
spect, sir,  your  friend  and  most  obedient, 

"G.  W.  CAMPBELL. 
"Jacob  Barker,  esq." 

"P.  S. — Since  writing  the  above  I  have  re- 
ceived a  letter  from  the  Bank  of  America,  ad- 
vising the  payment  made  by  you,  and  that  it 
was  not  to  be  drawn  from  the  bank  until  the 


stock  was  issued.  You  can  satisfy  that,  and 
other  banks,  on  that  head,  from  the  foregoing. 
There  will  certainly  be  time  for  the  instruc- 
tions to  reach  the  loan  officer  before  the  money 
is  called  for,  especially  in  that  bank,  or,  in- 
deed, as  far  as  now  known,  in  any  other. 

"No  pressure  shall  be  made  on  any  bank 
that  can  be  avoided. 

"We  shall,  probably,  make  a  pretty  large 
draft  in  favor  of  Mr.  Lee,  on  the  Mechanics' 
Bank ;  but  it  is  understood  to  be  perfectly 
agreeable  to  that  bank,  and  most  of  the  money 
already  advanced;  otherwise  it  would  be  di- 
vided, &c. 

"Yours,  &c,  G.  W.  C." 

"Note. — The  foregoing  arrangement,  as  to 
issuing  stock,  is  believed  the  most  agreeable 
to  you,  upon  the  whole,  that  could  be  adopted: 
and  far  preferable  to  bonds,  the  scrip  being 
equally  valuable,  especially  that  small  propor- 
tion, as  if  in  stock.  And,  moreover,  the  stock 
and  scrip  being  guarantied  by  government,  at 
least  equal  to  the  contract  price  for  the  present 
year,  or  most  of  it,  in  effect,  &c.     Adieu.'" 

John  Donald,  of  Baltimore,  and  David 
Parish  were  at  Washington  negotiating  with 
the  Secretary  for  the  introduction  of  British 
goods  through  Canada,  coupled  with  a  loan  of 
their  avails.  These  gentlemen  assured  the 
Secretary  that  it  was  impossible  for  Mr.  Barker 
to  furnish  the  first  instalment.  And  so  con- 
fident of  this  were  they  that  they  tarried  in 
Washington  until  the  result  was  known.  On 
it  depended  the  success  of  that  negotiation. 
On  receiving  notice  from  the  New  York  banks 
that  Mr.  Barker  had  placed  with  them  a  million 
of  dollars,  without  the  aid  of  stock  or  patron- 
age for  the  banks,  subject  to  the  order  of  the 
treasury,  the  Secretary  informed  the  gentlemen 
in  attendance  that  the  money  was  forthcoming. 
They  exclaimed  "  impossible,"  and  would  not 
believe  it  until  the  Secretary  exhibited  to  them 
the  letters  from  the  banks. 

How  far  they  had  influenced  the  withholding 
the  stock,  and  the  conduct  of  the  treasury 
clerk,  could  not  be  ascertained. 

"  Washington  City,  May  30,  1814. 

"  Dear  Sir  :  Your  favors  of  the  26th  inst. 
have  been  received. 

"Rest  assured  I  dulyappreciate the  exertions 
you  have  made  to  fulfil  the  terms  of  your  pro- 
posals, as  well  on  your  own  account  as  on  that 
of  the  public ;  and  sincerely  hope  and  trust 
you  will  be  successful  in  doing  so.  I  have  re- 
ceived letters  from  the  banks  showing  the  pro- 
gress you  have  made;  and  from  them  I  con- 
clude you  will  overcome  all  difficulties. 

"I  have  now  time  only  to  inform  you  that  the 


66 


LIFE   OF   JACOB   BARKER 


letter  of  instructions  from  the  Comptroller,  in 
conformity  with  my  last  to  you,  authorizing 
the  Commissioners  of  Loans  to  issue  certifi- 
cates of  funded  stock  on  each  instalment  as 
therein  stated,  has  been  this  day  forwarded. 
The  difficulty  arising  from  the  want  of  funded 
stock  will  therefore  be  removed.  Wishing  you 
every  success.  I  am,  sir, 

"  Your  friend  and.  most  obedient, 

"  G.  W.  CAMPBELL. 
"Jacob  Barker,  esq." 

"  P.  S.  On  the  subject  of  receiving  the  notes 
of  certain  banks,  &c,  I  will  only  observe,  I  at 
present  doubt  its  practicability." 

"  New  York,  fifth  Month,  31^,  1814. 
"  Esteemed  Friend  :  It  is  totally  out  of  the 
question  for  me  to  go  forward  with  my  con- 
tract, without  receiving  full  stock  for  the  money 
paid  the  day  on  which  I  make  the  payment. 
I  cannot  leave  a  cent  unfunded.  If  I  had  more 
money  to  spare,  which  is  not  the  fact,  I  could 
not  do  it,  without  embarrassing  myself  with  all 
those  persons  with  whom  I  am  dealing,  as 
thy  plan  will  leave  each  man's  scrip  a  fraction 
to  be  settled  hereafter,  for  which  he  would  not 
only  hold  the  scrip,  but  charge  me  with  vio- 
lating my  contract ;  and  I  must,  at  all  events, 
honorably  fulfil  my  contracts  with  the  money 
lenders,  and  I  must  have  my  scrip  unembar- 
rassed to  negotiate  for  the  other  instalments. 
The  delay  that  has  laken  place  in  furnishing 
funded  stock  has  done  more  to  injure  my 
future  arrangements  for  paying  the  other  in- 
stalments than  the  whole  exertions  of  the  Fed- 
eral party.  I  always  told  thee,  that  I  could 
not,  and  would  not  meddle  with  the  business, 
if  I  could  not  have  funded  stock  for  each  in- 
stalment on  paying  such  instalments.  One 
single  day's  delay  is  little  short  of  death,  and 
after  death,  all  the  medical  aid  in  the  world 
will  not  avail.  If  thee  had  offered,  me  a  com- 
pensation of  one  hundred  thousand  dollars 
commission,  to  make  the  first  payment  without 
receiving  funded  stock  for  the  same  on  the  day 
of  paymeut,  I  would  not  have  undertaken  a 
thing  so  totally  impossible  to  perform.  Yet, 
when  the  day  came,  and  the  stock  was  not  to 
be  had,  I  had  either  to  be  disgraced  or  procure 
the  money.  I  made  an  effort  and  succeeded,  it 
is  true,  but  I  would  not  again  run  the  same 
chance  to  be  ruined  for  double  the  amount  that 
I  shall  make  by  the  contract.  I  go  to  morrow 
to  Philadelphia,  where  I  will  wait  thy  answer, 
as,  if  thee  does  not,  without  a  single  day's 
delay,  order  funded  stock  to  be  issued  for  each 
instalment,  I  must  immediately  repair  to  Wash- 
ington, in  the  hope  that  a  personal  explanation 
will  remove  the  difficulties  which,  in  thy  esti- 
mation, appear  to  exist ;  and  which,  I  cannot 
but  think,  are  altogether  imaginary.  To  make 
the  matter  short,  I  have  to  add  that  thee  might 
as  well  require  of  me  to  pay  the  whole  five  mil- 


lions at  once  in  eagles,  as  to  require  of  me 
more  than  I  promised  in  my  conversations  with 
thee  ;  and  all  that  I  promised,  I  can,  and  will 
perform  if  thee  permit  me  to  do  so. 

"  With  great  respect  and  esteem,  I  am  thy  as- 
sured friend. 

"JACOB  BARKER. 
"  To  the  honorable  George  W.  Campbell, 

"  Secretary  of  the  Treasury." 

Agreeably  to  the  promise  made  in  the  pre- 
ceding letter,  I  proceeded  to  Philadelphia,  and 
there  had  the  satisfaction  to  receive  the  follow- 
ing letters  from  the  Secretary  of  War,  and  the 
Secretary  of  the  Treasury  : 

"  Mat  31,  1814. 

"  Dear  Sir  :  I  have  been  ill  of  a  fever  for 
some  time  past,  which  has  prevented  my  an- 
swering your  late  letter.  The  rule  adopted  the 
last  year,  between  the  Treasury  and  War  De- 
partments, was  to  direct  the  officer  in  whose 
favor  a  warrant  was  drawn  to  let  the  same  re- 
main in  the  bank  on  which  the  draft  was  made 
as  long  as  was  convenient,  and  in  no  case  to 
draw  from  one  bank  to  deposite  in  another. 

"  This  rule  will  still  be  adhered  to. 

"  The  President  returned  yesterday. 

"  The  Secretary  of  the  Treasury  is  disposed  to 
do  for  you  all  he  can. 

"  I  am,  sir,  very  respectfully,  yours, 

"J.  ARMSTRONG. 
"  Mr.  J.  Barker,  New  York.'" 


"  Washington;  June  2,  1814. 

"Dear  Sir  :  Your  favor  of  the  31st  ultimo,  is 
just  received. 

"  I  do  not  probably  perceive  the  ground  upon 
which  you  apprehend  such  serious  inconve- 
nience will  be  experienced  by  you,  from  the 
manner  in  which  certificates  of  funded  stock  are 
directed  to  be  issued. 

"  It  is  intended  that  certificates  of  stock  may 
be  issued  for  the  whole  of  the  instalment  paid 
by  any  one  subscriber,  except  one-twentieth 
part. 

"  If  the  same  subscriber  took  several  scrip 
certificates,  it  was  not  intended  that  one- 
twentieth  part  of  each  should  remain  unfunded, 
but  one-twentieth  of  the  whole.  Suppose  the 
same  subscriber  took  twenty  scrip  certificates 
each  of  equal  amounts,  certificates  of  funded 
stock  may  be  issued  on  nineteen  of  them.  It 
appeared  to  me  this  would  meet  your  views  as 
nearly  as  could  be  expected. 

"  You  stated  expressly  your  desire  to  retain 
fifty  thousand  dollars  in  scrip.  The  sum  that 
will  remain  in  scrip  of  the  first  instalment,  until 
the  second  is  paid  according  to  the  instructions 
given,  will  very  little  exceed  that  sum,  (being 
$62,500.) 

"  The  instructions  apply  to  the  succeeding  in- 
stalment as  well  as  to  the  present;  there  will, 


ISSUE   OF    FUNDED    STOCK. 


C7 


therefore,  be  no  cause  of  delay  in  issuing  stock 
for  those  instalments,  in  like  manner,  when 
paid. 

"  After  the  foregoing  explanation  you  will,  it 
is  presumed,  perceive  no  difficulty  in  completing 
your  engagements. 

"  There  is  no  intention  to  embarrass  you,  or 
withhold  from  you  any  facility  that  can  con- 
sistently be  afforded.  And  the  banks  or  indi- 
viduals who  furnished  you  their  money  for  the 
use  of  government  on  the  ground  of  receiving 
stock  for  the  same,  need  not  apprehend  that 
any  disposition  is  entertained  to  disappoint 
them  in  this  respect. 

•'  And,  if  it  shall  be  deemed  absolutely  neces- 
cessary,  special  instructions  will  be  directed  to 
be  given  to  issue  stock  for  the  sums  that  the 
banks  have  advised  us  are  deposited  with  them, 
subject  to  that  condition.  Though  it  is  pre- 
sumed this  will  not  be  the  case.  And,  indeed, 
it  appears  to  me,  your  alarm  has  arisen  from 
misunderstanding  the  effect  of  the  instructions 
to  the  loan  officers. 

"  With  due  respect,  I  am,  sir,  your  most 
obedient, 

"  G.  W.  CAMPBELL. 
"  Jacob  Barker,  esq." 

u  P.  S.  I  am  still  indisposed,  and  nothing  but 
your  seeming  anxiety  would  have  induced  me 
to  write  this  hasty  letter  at  this  moment." 


"Washington,  June  3,  1814. 

"Dear  Sir:  Since  writing  you  on  yesterday, 
in  order  to  remove,  as  far  as  practicable,  all 
difficulties  that  you  seem  to  apprehend,  and  that 
other  large  subscribers  to  the  loan  might  ex- 
perience in  completing  the  several  payments 
thereon,  instructions  have  this  day  been  given 
to  the  Commissioner  of  Loans  of  New  York, 
&c,  to  issue  certificates  of  funded  stock,  on 
application,  for  the  whole  amount  of  each 
instalment  paid  by  subscribers  for  sums  more 
than  $300,000,  &c. 

"  With  due  respect,  I  am,  sir,  your  most 
obedient, 

"G.  W.  CAMPBELL. 

"Jacob  Barker,  esq." 

The  Secretary  here  yields  the  point,  and 
directs  funded  stock  to  be  issued  for  the  full 
amount  of  each  payment.  The  mischief  had 
been  done,  an  incurable  injury  had  been  in- 
flicted on  the  government  as  well  as  on  me. 
His  efforts  to  withhold  a  portion  as  security 
for  the  performance  was  a  most  unfortunate 
move  on  his  part.  I  had  incidentally  men- 
tioned in  a  letter  that  I  wished  to  receive  fifty 
thousand  dollars  in  scrip,  for  which,  according 
to  the  rules  of  the  treasury,  $12,500  would  be 
paid  down  and  left  a  security  for  the  payment 


of  the  other  $37,500,  and  full  stock  would 
insure  for  the  whole  $50,000  as  soon  as  paid, 
without  any  connexion  with  the  other  parts  of 
my  contract.  This  the  Secretary  construes 
into  my  wishing  to  leave  $50,000  unfunded 
and  expresses  the  opinion  that  $12,500  more 
will  make  but  little  difference ;  therefore  requires 
that  one  twentieth  of  the  whole  remain,  put- 
ting it  out  of  my  power  to  give  full  stock  to 
those  who  had  loaned  me  money  and  who 
should  continue  to  do  so. 

Had  such  instructions  been  given  imme- 
diately after  the  contract  was  signed,  as  they 
should  have  been,  the  whole  operation  would 
have  been  smooth,  and  I  should  have  been 
saved  infinite  trouble  and  embarrassment.  Any 
amount  of  money  in  such  case  could  have  been 
obtained.  The  delay,  like  the  protest  of  a 
merchant's  note,  occasioned  a  mildew  not 
easily  removed  ;  besides,  there  was  a  blighting 
change  in  public  affairs  between  the  2d  of  May 
and  the  3d  of  June.  I  need  not  attempt  to 
describe  the  pleasing  emotions  with  which 
these  letters  were  received.  I  then  believed  no 
further  hesitation  or  delay  would  take  place  in 
carrying  my  whole  plan  into  effect,  and  that 
the  difficulties  which  had  before  such  period 
arisen  had  been  occasioned  by  the  contrivances 
and  influence  of  hostile  clerks,  and  doubts  with 
which  they  and  others  had  poisoned  the  mind 
of  the  Secretary  with  respect  to  my  ability  to 
fulfil  my  engagements — doubts  which  had 
been  dispelled  by  the  receipt  of  letters  from 
the  banks  slating  that  they  held  a  million  of 
dollars  on  my  account  in  readiness  to  be  applied 
to  the  credit  of  the  government  the  moment 
they  received  funded  stock  therefor. 

Bat  in  a  few  short  days  these  pleasing  ideas 
and  prospects  vanished,  and  a  series  of  new 
and  unexpected  difficulties  again  arose. 

I  received  further  letters  from  Mr.  Campbell, 
stating  that  it  was  not  practicable  to  order  the 
notes  of  the  banks  to  be  received,  agreably  to 
my  proposition,  and  that  the  Treasury  Depart- 
ment was  averse  to  increase  the  number  of 
their  accounts  with  the  bauks. 

This  strange  and  most  unexpected  informa- 
tion, arising  from  remonstrances  from  Phila- 
delphia, put  an  end  to  all  my  expectations, 
and  destroyed  my  hopes  of  proving  further 
serviceable  in  the  cause  I  had  so  much  at 
heart. 


68 


LIFE   OF   JACOB   BARKER. 


When  the  bank  at  Philadelphia  discovered 
that  I  was  negotiating  with  neighboring  banks 
to  have  a  portion  of  the  patronage  of  government 
transferred  from  it  to  others,  heaven  and  earth 
seemed  to  be  invoked  to  counteract  such  an 
arrangement.  Wm.  Jones,  of  Philadelphia, 
who  was  a  member  of  the  cabinet,  favored  their 
views,  and  the  sick  Secretary  at  Washington 
lacked  sufficient  firmness  to  resist  and  trample 
under  foot  their  artillery,  the  consequence  of 
which  was  that  the  nation,  as  well  as  myself, 
became  the  victims. 

I  informed  the  Secretary  of  the  Treasury 
that  it  was  indispensably  necessary  that  he 
should  immediately  give  to  the  City  Bank  in 
New  York  and  to  the  Mechanics'  and  Farmers' 
Bank  in  Albany  one-third  of  the  public  busi- 
ness at  those  places,  otherwise  I  should  not  be 
able  to  proceed  in  the  affair.  That,  with  respect 
to  the  other  banks,  I  should  not  ask  for  patron- 
age until  we  understood  each  other  better. 

On  the  receipt  of  these  letters  I  put  an  end 
to  my  negotiations  with  the  Philadelphia  bank. 
I  could  not  find  much  ability  or  disposition 
with  individuals  in  the  city  to  loan  money  to 
government  or  to  any  persons  who  wished  to 
obtain  it  for  such  purpose.  Philadelphia  is 
rich  in  literature,  in  manufactures,  in  internal 
trade,  in  public  stock,  and  in  houses  and  lands, 
but  the  natural  situation  of  New  York  will 
always  secure  to  her  as  great  a  superiority  over 
Philadelphia  as  a  commercial  city  as  Philadel- 
phia has  over  New  York  in  some  other  respects, 
and  the  best  interest  of  both  cities  requires  that 
they  should  not  consider  their  respective  advan- 
tages as  any  cause  of  ill  will  and  jealousy. 
Each  has  great  reason  to  be  pleased  with  its 
own  advantages,  and  it  is  always  to  be  ex- 
pected that  where  there  is  the  most  foreign 
commerce  there  will  be  the  most  active  capital; 
and  when  a  war  takes  place  the  more  capital 
at  liberty  to  be  loaned  to  government.  Conse- 
quently, when  the  government,  in  the  utmost 
distress  for  money,  appealed  to  the  patriotism 
of  the  whole  nation,  it  is  not  surprising  that 
New  York  should  have  contracted  to  supply 
more  than  six  of  ten  millions  advertised  for 
when  Philadelphia  only  contracted  to  furnish 
$236,000;  yet  the  Philadelphians  appeared 
mortified  at  such  apparent  evidence  of  the 
superior  wealth  of  New  York,  and  hence,  I 


suppose,  arose  a  part  of  their  desire  that  I 
should  not  succeed  in  furnishing  the  money 
which  I  had  promised.  This,  however,  princi- 
pally existed  among  their  coffee-house  gentry, 
whose  enmity  to  the  republican  party  was  the 
main  cause. 

During  my  stay  at  Philadelphia  I  applied  to 
the  persons  whose  offers  at  85  had  been  refused, 
under  the  expectation  of  supplying  them  with 
stock,  but  was  disappointed  to  learn  that  as 
many  of  them  as  wished  had  already  been  sup- 
plied by  Mr.  Whann  with  stock  in  the  ten  million 
loan  at  cost. 

When  the  Secretary  made  his  report  to  Con- 
gress, it  appeared  that  he  had  been  totally  un- 
able to  obtain  the  required  sum  to  make  up 
the  ten  million,  although  he  kept  it  open  a 
long  time,  and  supplied  Cashier  Whann  with  a 
portion,  from  time  to  time,  as  he  could  dispose 
of  it.  He  also  sold  Robert  C.  Jennings,  of 
Virginia,  a  part  of  it,  and  there  remained  on 
hand  when  he  made  his  report  on  the  23d  of 
September,  1814,  $204,944. 

This  at  once  unfolded  additional  reasons 
why  I  had  not,  at  any  period,  been  enabled  to 
sell  stock  with  all  the  benefits  of  the  conditions 
to  profit. 

Nothing  could  be  more  manifest  than  that  if 
persons  wanting  stock  could,  by  applying  to 
government,  be  supplied  at  the  contract  price, 
that  the  contractors  couM  not  dispose  of  theirs 
to  any  profit. 

He  was  also  an  unsuccessful  competitor  with 
me  for  temporary  loans  from  the  local  banks, 
and  in  the  stock  market  in  Europe,  where, 
from  the  first,  it  was  known  I  had  calculated  to 
operate  without  any  such  competition. 

Coming  into  the  market  with  stock,  im- 
mediately after  contracting  with  me,  I  consider 
a  most  cruel  part  of  Mr.  Campbell's  proceed- 
ings, especially  as  he  did  not  give  me  the  least 
intimation  that  he  had  not  succeeded  in  making 
the  expected  arrangement  with  Mr.  Smith  and 
Mr.  Whann  for  the  remaining  million. 

The  impression  in  Philadelphia  was  that 
Mr.  Campbell  had  been  offered  the  whole  at 
85,  and  that  the  only  inducement  he  had  to 
allow  the  condition  was  the  difference  between 
85  and  88. 

They,  generally,  considered  me  unwise  for 
paying  so  much  for  that  condition,  and  on  that 
account  many  persons  who  had  offered  at  85 


OPPOSITION   TO   SALES  OP   STOCK. 


69 


would  not  take  the  stock  at  88,  with  all  the 
benefit  of  the  condition. 

Little  or  no  pains  were  taken  to  correct  the 
report  that  the  whole  ten  millions  were  offered 
at  85  without  the  condition,  and  most  republi- 
cans believed  it  true,  because  they  wished  it  to 
be  so. 

The  truth  was,  that  there  were  only  about 
seven  millions  offered  at  any  fixed  price,  ex- 
clusive of  that  offered  by  me,  as  appears  by 
the  treasury  report,  vol.  2,  page  845 ;  and  of 
that  less  than  six  millions  on  such  terms  as 
would  have  enabled  Mr.  Campbell  to  have 
accepted  it  at  85.  Things  soon  began  to 
change ;  the  prospect  of  peace  vanished ;  and 
stocks  fell.  The  condition  became  likely  to 
prove  valuable,  and  the  "Federal  Republican," 
and  other  papers,  endeavored  to  make  the  peo- 
ple believe  that  Mr.  Campbell  had  made  a  bad 
bargain.  The  Philadelphians  also  came  into 
this  opinion,  although  they  had  originally  most 
decidedly  believed  that  the  bad  bargain  was  on 
my  side ;  and,  like  the  old  woman  who  was 
never  in  the  wrong,  triumphantly  exclaimed 
"I  told  you  so."  At  the  same  time  the  "Fed- 
eral Republican"  was  endeavoring  to  prove 
that  Mr.  Campbell  had  made  a  bad  bargain. 
Its  editor  pronounced  me  ruined  by  the  con- 
tract. He  did  not  seem  to  suppose  his  readers 
possessed  of  sufficient  sagacity  to  know  that  if 
Mr.  Campbell  had  sold  the  stock  to  me  too  cheap 
that  I  had  not  paid  him  too  much  for  it.  Had 
peace,  which  was  confidently  expected,  taken 
place  before  the  second  contract  was  made,  the 
condition  would  not  have  benefited  the  con- 
tractors or  stockholders  one  cent. 

While  at  Philadelphia,  I  learned  the  fall  of 
Bonaparte,  which  put  the  whole  force  of  Bri- 
tain at  liberty  to  be  used  against  the  United 
States,  which  I  knew  would  increase  our  ex- 
penses to  a  vast  amount.  My  alarm  became 
increased  lest  the  public  should,  on  that  ac- 
count, lose  confidence  in  stocks,  which  would 
prevent  my  obtaining  money  to  complete  my 
payments.  I  succeeded  in  making  an  arrange- 
ment with  McEwen,  Hale  and  Davidson,  a 
very  wealthy,  respectable,  and  honorable  house 
at  Philadelphia,  for  one  hundred  thousand  dol- 
lars, and  returned  home.  Soon  after  which  I 
learned  from  the  Secretary  that  he  would  give 
to  the  City  Bank  only  one  quarter  of  the  public 
business  in  New  York,  instead  of  the  one-third 


which  they  recpuired  before  they  would  let  me 
have  a  dollar  of  the  half  million  they  had 
promised,  and  that  indisposition  had  prevented 
his  giving  me  this  information  at  an  earlier 
period. 

[Extract.] 
"New  York,  sixth  Month,  \\th,  1814. 

"  Esteemed  friend  :  I  have  this  day  been 
informed  by  the  collector  of  internal  taxes  that 
he  has  not  received  any  orders  to  deposite  in 
the  City  Bank  a  portion  of  the  money  he  col- 
lects. I  therefore  take  the  liberty  of  repeating 
my  request  that  orders  be  giveu  to  him,  and  to 
all  the  other  officers,  to  do  a  part  of  their  busi- 
ness with  that  bank. 

"They  promise  to  loan  me  $500,000,  in  the 
full  expectation  of  having  immediately  one- 
third  of  the  government  business,  and  if  they 
do  not  get  it  before  the  25th  of  the  present 
month  they  may  disappoint  me  of  that  loan ; 
and  if  I  should  meet  with  so  serious  a  disap- 
pointment, at  so  critical  a  moment,  it  would 
be  little  short  of  ruin  to  me ;  and  if  that  bank 
is  to  receive  a  portion  of  public  business  I  can- 
not conceive  the  necessity  for  a  day's  delay, 

"I  am  also  anxious  that  the  Mechanics'  and 
Farmers'  Bank,  at  Albany,  should  receive  a 
portion  of  public  business. 

"To  enable  me  to  complete  my  first  pay- 
ment I  had  to  sell  a  large  amount  of  old  stocks, 
j  which  I  was  doing  rapidly,  at  86f  and  87,  until 
Denis  Smith  heard  of  it,  when  he  sent  a  large 
amount  of  similar  stocks  into  our  market  for 
sale  without  limitation,  which  induced  me  to 
leave  the  market,  notwithstanding  which  the 
brokers  sold  nearly  all  of  his  stock  at  8G ; 
which,  after  deducting  the  brokerage  and  in- 
terest due  on  it,  will  not  net  him  more  than 
84|. 

"His  sales  were  completed  this  morning, 
when  I  returned  to  the  market  and  sold  large 
parcels  at  87,  the  purchaser  paying  the  broker- 
age. 

"If  I  had  taken  six  millions,  and  kept  Smith 
out  of  the  market,  I  could  have  managed  that 
amount  more  easily  than  I  can  five  opposed  by 
competitors,  as  I  suppose  that  if  Smith  had 
not  taken  any  in  the  ten  million  loan  he  would 
not  have  sold  those  old  stocks  under  88. 

"I  am  convinced  that  we  shall  have  a  speedy 
and  honorable  peace,  therefore  lament  the 
necessity  I  am  under  to  part  with  a  portion  of 
my  stocks. 

"Sincerely  thy  assured  friend, 

"JACOB  BARKER. 

"George  W.  Campbell,  esq." 

"Boston,  June  14,  1814. 
"Friend  Barker:  I  have  received  your  let- 
ter of  the  11th,  by  which  I  observe  we  are  not 
to  expect  the  pleasure  of  your  company  at  Bos- 
ton.    I  have  been  looking  out  for  you  some 


70 


LIFE   OF  JACOB   BARKER. 


3.  I  think  we  may  expect  peace  ;  but  I  am 
not  so  fully  convinced  of  that  happy  event  as 
you  are,  or  your  people  in  general.  If  that 
event  should  take  place  we  shall  have  no  re- 
duction upon  our  stock,  in  which  case  it  will 
be  more  for  my  interest  to  buy  the  loan  of 
1812  at  86,  upon  which  I  still  see  lh  interest 
in  fourteen  days,  which  you  will  perceive  is 
the  case,  as  those  purchases  cost  me  only  84J, 
besides  several  who  I  took  stock  for  now  wish 
to  relinquish  and  I  must  take  it ;  besides  I 
think  some  very  important  news  will  soon 
arrive  from  Europe,  which  will  influence  me 
in  determining  whether  to  go  further  in  the 
stocks  or  not. 

"  I  will  lay  your  letter  before  the  meeting  of 
the  State  Bank;  perhaps  they  may  think  proper 
to  accept  your  proposals,  though  I  rather  think 
they  will  not. 

"I  think  with  you  there  will  be,  and  I  think 
ought  to  be,  a  National  Bank,  and  that  the 
State  Bank  will  surrender  her  present  charter 
to  this  State  government  and  become  a  branch 
of  the  National  Bank;  at  least,  this  is  what  I 
wish.  Please  to  write  me  frequently,  and  be- 
lieve me, 

%  "Your  sincere  friend, 

•  "WM.  GRAY. 

"Jacob  Barker,  esq., 

"New  York." 

On  my  return  from  Philadelphia  to  New 
York,  my  first  study  was  to  close  the  business 
of  the  first  instalment  by  accepting  the  scrip 
certificate  bearing  the  condition  with  one 
instalment  endorsed  on  them,  and  procuring 
from  the  Commissioners  of  Loans  funded  stock 
therefor,  and  delivering  it  to  the  parties  who 
had  promised  the  money.  When  I  applied  for 
the  stock  I  found  that  the  condition  of  further 
benefit  had  not  been  placed  on  the  certificates, 
and  that  they  did  not  bear  evidence  of  the 
stock  being  more  valuable  than  other  six  per 
cent,  stock.  It  was  as  important  as  the  rate 
of  interest  and  the  period  of  redemption — they 
were  alike  essential  to  appraise  the  purchaser 
of  the  value  of  the  stock  and  on  what  they  had 
to  calculate.  Without  evidence  of  the  con- 
dition in  the  hands  of  the  holder  its  value 
would  be  of  little  avail  in  the  market.  Thus 
new  difficulties  presented  themselves,  for  I  had 
every  reason  to  apprehend  difficulty  with  the 
persons  who  had  agreed  to  lend  me  money  on 
my  promising  to  secure  them  with  stock  bear- 
ing the  condition.  I  had  no  time  to  lose  in  a 
further  protracted  correspondence,  and,  there- 
fore, having  no  alternative,  was  under  the 
necessity  of  receiving  the  stock  without  the 


condition,  and  making  the  best  terms  in  my 
power  with  the  individuals  who  had  promised 
it.  While  struggling  to  overcome  these  diffi- 
culties a  letter  was  received  from  Mr.  Camp- 
bell, dated  16th  June,  the  fair  import  of  which 
isa  recognition  of  his  promise  to  extend  aportion 
of  public  patronage  to  the  banks  which  should 
aid  me  in  supplying  the  treasury  with  money  ; 
it  infringes  the  promise  he  made  me  by  giving 
one-fourth,  instead  of  one-third,  to  the  City  Bank. 
The  proposition  was  left  with  me  to  arrange, 
in  no  case  to  exceed  one-third,  the  treasury  re- 
taining the  right  to  judge  of  the  goodness  of 
the  banks. 

The  City  Bank,  from  which  I  calculated  to 
have  received  a  half  million,  availed  of  this 
variance,  and  presented  me  with  a  notice  that 
as  they  had  not  obtained  the  third  of  the  pub- 
lic business  the  contract  between  us  was  void, 
and  that  they  would  not  lend  me  a  dollar. 

I  succeeded  in  satisfying  all  those  with  whom 
I  was  dealing,  and  completed  the  payment  of 
the  first  instalment.  This  business  having 
occupied  so  much  of  the  month,  which  I  had 
intended  to  devote  entirely  to  the  raising  of 
money  for  my  second  instalment,  that  I  found 
it  impossible  to  visit  Boston,  as  I  had  contem- 
plated, and  return  in  season  to  raise  the  money 
in  New  York,  in  case  I  should  find  myself 
disappointed  at  the  former  place;  I  was,  there- 
fore, compelled  to  remain  at  New  York,  and  to 
employ  agents  at  other  places,  whose  exertions 
were  attended  with  the  most  trifling  success. 
"Washington,  June  16,  1814. 

"Dear  Sir:  Your  favors  of  the  9th  and  11th 
instant  have  been  received.  I  wrote  to  the 
City  Bank  on  the  14th  instant,  stating  the 
terms  upon  which  deposits  are  made  in  other 
banks;  and  that  upon  their  being  agreed  toon 
the  part  of  that  bank,  a  portion  of  the  public 
deposits  would  be  made  therein;  and  I  have 
this  day  written  to  Mr.  Gilston  to  place  in  the 
City  Bank,  in  future,  about  one-fourth  of  the 
public  deposits  arising  from  customs,  provided 
that  bank  agrees  to  said  terms.  By  this 
arrangement  the  public  deposits  will  be  di- 
vided between  those  three  banks,  nearly  in 
proportion  to  the  capital  of  each,  which  places 
them  on  an  equal  footing.  More  could  not 
with  propriety  be  done  for  the  City  Bank,  and 
ought  not  to  be  expected. 

"Other  business  of  importance,  together  with 
the  delicate  state  of  my  health,  prevented  this 
business  from  being  attended  to  at  an  earlier 
day. 

"Every  disposition  is  entertained  to  facilitate 


REMONSTRANCE    TO    THE    SECRETARY. 


71 


the  inonied  operations  of  those  who  engaged 
in  the  loan,  and  to  evince  a  friendly  disposition 
towards  such  banks  as  have  been  liberal  in 
affording  their  aid  to  the  government;  but  you 
were  expressly  informed  that  no  stipulations 
whatever  could  or  would  be  made  on  the  sub- 
ject of  deposits,  and  that  every  application  by 
a  bank  must  depend  on  its  own  merits,  consi- 
dering the  very  small  amount  of  revenue  that 
is  now  received,  and  the  great  number  of 
banks  already  connected  with  the  treasury.  It 
will  be  with  much  reluctauce  the  number  will 
hereafter  be  increased. 

"  The  late  extraordinary  news  from  Europe 
will,  it  is  presumed,  raise  the  price  of  stocks. 
Peace  on  the  continent  must,  in  all  probability, 
produce  a  general  peace. 

"My  health  still  continues  delicate. 

"With  much  respect,  I  am,  sir,  your  most 
obedient, 

"G.  W.  CAMPBELL, 

"Jacob  Barker,  esq." 

"P.  S. — The  instructions  to  collectors  of 
internal  taxes  are  given  by  the  commissioner 
of  the  revenue.  He  will  be  directed  to  instruct 
the  collector  of  internal  taxes  in  the  city  to 
deposite  a  part  of  the  public  moneys  in  the 
City  Bank,  conformable  to  the  arrangement 
made  in  relation  to  the  collector  of  the  cus- 
toms, &c" 

To  which  Mr.  Barker  replied  as  follows: 

"I  am  favored  with  thy  letter  of  the  16th; 
by  the  contents  thereof,  I  am  sorry  to  observe 
the  course  pursued  towards  me;  I  am  satisfied 
that  it  does  not  arise  from  an  indisposition  to 
serve  me,  but  from  an  idea  that  propriety 
requires  it,  in  which  I  totally  differ  in  opinion 
with  thee;  and  it  should  be  remembered  that 
government  will  want  more  money,  and  that 
if  the  war  continues  they  will  find  great  diffi- 
culty in  getting  it;  therefore,  if  there  was  not 
any  other  reason,  that  is  sufficient  to  dictate, 
not  only  a  liberal  course  towards  those  men 
who  have  a  disposition  and  ability  to  supply 
the  wants  of  the  government,  but  such  a  course 
as  will  foster  their  ability,  if  not  their  disposi- 
tion, to  serve  government;  and  the  course 
pursued  towards  me  is  likely  to  destroy  my 
ability  to  render  further  aid,  however  much  my 
zeal  for  my  country  may  resist  its  influence, 
and  continue  my  disposition  to  render  aid  in 
the  next  loans.  I  am  aware  of  my  folly  in 
agreeing  to  make  the  loan  of  five  millions, 
without  an  absolute  condition  that  the  banks 
which  might  assist  me  should  have  at  least  all 
the  favors  mentioned  in  thy  memorandum,  and 
nothing  but  the  most  thorough  conviction  that 
they  would  get  them  as  a  free  will  offering, 
and  that,  considering  the  terms  of  thy  adver- 
tisement, thee  could  not  with  propriety  grant 
such  a  condition,  induced  me  to  make  the 
contract  whhout  such  a  condition:  for  I  always 
believed,  and  stated  to  thee,  that  it  would  be 


impossible  for  me  to  procure  a  fourth  of  the 
money,  without  I  could  offer  the  contemplated 
inducements  to  the  banks."  "I  hope  and  trust 
thee  will  reconsider  this  business,  and  by  re- 
turn of  mail  increase  the  business  of  the  City 
Bank  to  one-third,  and  give  to  the  Albany 
Bank  one  third  or  one  half  of  the  business  of 
that  place.  Trifling  as  the  difference  between 
one-fourth  and  one-third  is,  it  is  necessary  to 
fulfil  my  engagements;  and  if  I  do  not  fulfill 
my  engagements,  I  cannot  expect  the  bank 
to  fulfill  theirs — and,  besides,  once  let  an 
individual  or  institution  justly  charge  me  with 
not  having  honorably  fulfilled  my  engagement, 
and  all  the  money  lenders  and  public  institu- 
tions will  take  the  alarm,  and  magnify  the 
offence  so  as  to  defeat  all  my  future  operations. 
I  waive  the  favor  asked  by  the  Bank  of  North 
America,  Philadelphia,  and  for  the  Bank  of 
America,  New  York,  and  shall  not  make  any 
further  stipulations  about  government  business 
until  we  understand  each  other  better;  but  for 
the  City  Bank  of  this  place,  and  for  the 
Mechanics'  and  Farmers'  Bank,  Albany,  I 
must  entreat  thee  to  do  all  I  ask.  Curtailing 
it,  in  the  smallest  degree,  will  be  as  fatal  to  me 
as  to  refuse  altogether.  On  Saturday  next,  I 
have  to  pay  the  second  instalment;  a  letter 
from  thee,  in  answer  to  this,  may  be  received 
before  that  day,  and  I  beg  thee  to  let  me  have 
a  letter  before  that  time,  saying  the  City  Bank 
shall  have  a  third  of  the  business.  I  cannot 
do  without  it.  It  distresses  me  to  have  thus 
to  plead  ;  and  if  selling  the  stock  at  any  mode- 
rate loss  would  save  me  from  this  painful 
service,  it  should  be  done  before  I  would,  for  a 
moment,  appear  in  a  soliciting  attitude.  It 
can  only  be  done  by  a  sale  of  the  stock,  and 
so  large  a  sale  could  not  be  effected  at  80. 
Stocks  will  not  bear  to  be  pressed  on  the 
market.  I  shall  keep  the  market  supplied 
with  all  it  can  bear  without  depressing  the 
price.  The  City  Bank  has,  in  times  of  the 
greatest  distress,  furnished  a  million  of  dollars, 
in  addition  to  what  they  had  before  done, 
without  receiving  a  farthing's  benefit  from 
government;  the  other  banks,  who  have  been 
fattening  on  the  favors  of  government  for 
seven  years,  and  who  have  never  granted  any 
favors  to  government,  and  who,  at  the  time 
when  the  City  Bank  lent  a  million  of  dollars, 
did  not  lend  but  a  fourth  of  that  sum,  there- 
fore, instead  of  having  less,  I  should  think  that 
bank  should  have  more  of  the  public  business 
than  the  others." 

[Extracts.] 

"Washington,  June  21,  1814. 
"Dear  Sir:  Your  favors  of  the  17th  and  18th 
instant  have  been  received.  You  will  have 
been  informed  by  my  last  that  instructions 
were  given  directing  a  portion  of  the  public 
deposits  to  be  made  in  the  City  Bank.  It  is 
not   recollected   that  the   Farmers'    and    Me- 


72 


LIFE   OF   JACOB   BARKER. 


chanics'  Bank  at  Albany  applied  to  this  de- 
partment, since  I  came  into  office,  to  receive  a 
part  of  the  public  deposits;  and,  in  fact,  the 
amount  of  the  moneys  collected  at  that  place 
is  so  inconsiderable  that  a  division  of  it  does 
not  seem  expedient;  nor  would  the  deposit  of 
a  part  of  it  be  an  object  of  any  importance  to 
a  bank.  The  question,  however,  has  not  been 
taken  into  consideration  with  the  view  of 
finally  deciding  it,  the  application  from  the 
bank  not  having  been  made. 

"Instructions  have  been  given  to  the  cashiers 
named  in  your  letter,  and  to  some  others,  to 
receive  such  payments  on  account  of  the  loan 
as  may  be  made  in  their  banks,  and  credit  the 
same  m  the  manner  therein  stated;  being  the 
only  practicable  mode  in  which  the  object  you 
have  in  view  could  be  effected  without  pro- 
ducing irregularity  in  the  treasury  accounts. 
This  will,  it  is  presumed,  answer  your  purpose; 
a  copy  is  herewith  enclosed  for  your  infor- 
mation. 

"I  think  it  proper,  however,  to  remark  to 
you  that  it  is  extremely  inconvenient  to  make 
unexpected  innovations  on  the  mode  of  con- 
ducting the  business  of  the  loan;  and  nothing 
but  a  strong  desire  to  facilitate  the  operations 
that  relate  to  it  would  have  induced  me  to 
accede  to  such  a  course  on  the  present 
occasion. 

"I  trust  you  will  meet  with  less  difficulties 
than  you  seem  to  apprehend  in  completing 
your  payments  on  the  loan.  You  cannot  doubt 
my  disposition  to  do  whatever  appears  to  me 
correct,  to  enable  you  to  effect  that  object. 

"With  much  respect,  I  am,  sir,  your  most 
obedient, 

"G.W.CAMPBELL, 

"Jacob  Barker,  esq." 

"P.  S. — Since  writing  the  above,  your  letter 
of  the  19th  instant  has  come  to  hand,  in  reply 
to  which  I  must  observe  that  it  is  impossible 
for  the  treasury,  without  inconsistency,  to  go 
further  in  ordering  deposits  in  the  City  Bank 
than  it  has  done.  Ample  justice  has  been 
done  that  bank — it  ought  not  to  expect  more; 
and  a  due  regard  to  justice  and  impartiality 
must  be  observed,  whatever  may  be  the 
consequences." 

Mr.  Barker  wrote  to  the  treasury  thus: 

[Extract.] 

"New  York,  sixth  month,  26th,  1814. 
"  Dear  Friexd  :  The  mail  has  arrived  this 
day,  and  I  have  not  received  an  answer  to  my 
letter  of  the  20th.  Do  reflect  on  my  humilia- 
ting condition,  and  contrast  it  with  what  it 
would  have  been  but  for  a  mere  trifle  ;  nothing 
too  little  to  deliberate  on  a  moment ;  only  the 
difference  between  the  advantage  to  a  bank  in 
doing  one  third  or  one  fourth  of  the  public 
business  at  this  place,  the  whole  of  which  is 
scarce  worth  $1,000.  I  do  not  mind  defeat  or 
misfortune,  but  it  is   truly  mortifying  to  be 


destroyed  by  a  mere  shadow.  It  will,  how- 
ever, if  the  war  continues,  prove  the  value 
that  my  services  might  have  been  to  govern- 
ment far  better  than  if  I  had  succeeded. 

"  In  the  latter  case  my  services  would  have 
been  forgotten  or  never  known  by  seven-eighths 
of  the  nation,  and  now,  all  will  feel  the  ill 
effects  of  not  getting  the  money  that  could  so 
easily  have  been  got  through  me. 

"  G-.  W.  Campbell." 

The  directors  of  the  City  Bank  had  assem- 
bled at  my  request.  I  appeared  before  them, 
pointed  out  the  consequences  that  would 
inevitably  result  to  the  bank,  then  a  very  large 
holder  of  stock  to  the  nation  and  to  myself,  if 
they  withheld  the  anticipated  aid,  expressing 
the  most  confident  opinion  that  the  business 
of  the  treasury  would  be  extended  to  their 
bank  to  the  one  third  promised,  and  begged 
them  to  name  the  terms  on  which  they  would 
let  me  have  the  money ;  they  did  so,  doubtless 
believing  that  it  would  be  impossible  for  me  to 
accept  the  required  terms,  which  were  that  I 
should  invest  $550,000  dollars  in  six  per  cent. 
stock  at  88,  and  deliver  it  to  the  bank  as  a 
security  for  the  repayment  of  the  $500,000 
they  proposed  to  let  me  have,  and  that  I  should 
add  thereto  $450,000,  and  deposit  the  whole 
$950,000  in  their  bank  to  the  credit  of  govern- 
ment, to  be  drawn  out  as  the  treasury  might 
have  occasion  to  use  it ;  and  further,  that  I 
must  return  one  half  of  the  money  thus  lent 
me,  if  government  did  not,  within  twenty  days, 
extend  their  share  of  the  public  business  from 
one  quarter  to  one  third ;  to  all  which  I 
promptly  agreed,  although  it  withdrew  from 
my  business  for  a  whole  year  the  capital  of 
fifty  thousand  dollars  in  cash,  in  lieu  of  the 
note  of  fifteen  thousand  dollars,  mentioned  in 
our  agreement,  without  my  having  any  stock 
for  it;  and  although  the  deposit  of  the  addi- 
tional $450,000  to  the  credit  of  government  in 
one  of  the  other  banks  would  have  enabled 
me  to  procure  from  such  other  bank  an  addi- 
tional loan  of  at  least  $200,000,  and  notwith- 
standing it  would  subject  me  to  a  sale  of  my 
stock  at  a  loss,  to  repay  the  half  of  the  sum 
borrowed  withiii  the  twenty  days,  if  govern- 
ment did  not  extend  its  portion  of  the  public 
business  from  one  quarter  to  a  third.  A  most 
trifling  difference,  yet  it  afforded  an  excuse  for 
vacating  a  bargain  which  a  change  of  public 
affairs  had  made  the  bank  regret  having  made; 
thus   circumstanced,  it    had  a  legal   right  to 


SECOND    INSTALMENT   PAID. 


73 


make  the  best  bargain  in  its  power.  If  this  one 
third  had  been  originally  granted,  and  surely 
I  had  every  just  claim  and  reason  to  expect  it, 
all  my  difficulties  with  this  bank  would  have 
been  avoided. 

Yielding  it  after  having  refused  to  do  so, 
and  after  having  notified  the  bank  that  the 
treasury  would  not  increase  their  proportion 
of  public  business,  went  far  to  establish  my 
right  to  demand  it,  and  is  the  best  commentary 
can  be  made  on  its  being  withheld. 

Anticipating  difficulty  from  having  received 
scrip  certificates  on  payment  of  the  first  instal- 
ment, as  I  wished  to  pay  other  instalments  in 
other  banks,  I  represented  this  difficulty  to 
Mr.  Campbell,  and  requested  him  to  instruct 
the  cashiers  of  other  banks  to  receive  the 
money  and  endorse  it  on  the  scrip  certificates  ; 
in  reply  to  which  he  informed  me  that  I  might 
pay  the  money  in  such  other  banks,  and  get 
them  to  place  it  to  the  credit  of  the  banks 
issuing  the  scrip  certificates,  and  who,  on  the 
receipt  of  a  certificate  of  such  deposite,  would 
endorse  the  scrip  certificates ;  and  that  he 
would  by  draft  transfer  the  debt  back  to  the 
bank  where  I  paid  the  money,  so  that  they 
might  have  the  benefit  of  the  deposit  to  the 
credit  of  government.  This  plan,  although  very 
inconvenient,  obviated  some  of  the  difficulties, 
so  far  as  it  applied  to  my  payments  in  this 
city,  but  rendered  it  very  difficult  to  accomplish 
my  payments  at  other  places.  With  respect 
to  the  monies  obtained  from  distant  parts,  I 
was  obliged  to  furnish  the  stock  as  security  at 
the  same  time  of  receiving  the  money.  Now, 
by  this  arrangement,  stock  could  not  be  pro- 
cured until  after  the  money  had  been  paid  at 
a  distant  place  to  the  credit  of  the  bank  issuing 
the  scrip  certificates,  and  a  receipt  produced 
for  it  at  such  bank,  when  the  cashier  would 
endorse  it  on  the  scrip  certificate,  after  which 
the  Commissioner  of  Loans  in  this  city  would 
fund  it,  and  the  stock  must  then  be  returned 
to  the  distant  place  where  the  money  had 
been  procured  before  the  promised  security 
could  be  given.  This  difficulty  prevented  my 
obtaining  large  sums  at  distant  places,  there- 
fore 1  was  obliged  to  make  all  my  payments 
in  the  banks  in  New  York,  excepting  one  hun- 
dred thousand  dollars  in  the  Bank  of  Cape 
Fear,  and  throe  hundred  thousand  dollars  in  a 


bank  at  Albany.  I  considered  the  Treasury 
Department  bound  by  the  terms  of  our  con- 
tract to  grant  funded  stock  at  each  place  on 
the  payment  of  the  money,  without  going 
through  the  scrip  operation,  in  my  case  a  use- 
less contrivance  to  embarrass  my  operations 
and  defeat  me,  to  which  the  Secretary  yielded 
assent,  (not  perceiving  the  object,)  on  the  sug- 
gestion that  it  would  compel  me  to  leave  part 
of  the  stock  as  security.  In  the  letter  of  con- 
tract I  am  put  at  liberty  to  pay  the  money  in 
any  bank  I  may  name.  On  the  receipt  of  that 
letter,  I  informed  the  Secretary  that  I  would 
pay  the  money  into  such  banks  in  the  different 
parts  of  the  United  States  as  I  could  borrow 
it  from,  but  that  I  could  not  name  them  before 
I  had  made  my  contracts  with  them,  and  he 
agreed  to  leave  that  part  of  the  business  open, 
desiring  me  to  name  them  from  time  to  time  as 
soon  as  possible.  I  had,  however,  no  time  to  dis- 
pute about  the  perplexities  of  forms,  but  con- 
tinued my  exertionsto  fulfil  my  contract  with  the 
City  Bank  and  to  complete  the  payment  of  my 
second  instalment.  Such  payment  I  had  the 
good  fortune  to  accomplish  and  to  pay  a  small 
amount  in  advance  on  my  two  last  instalments, 
although  most  people  on  the  exchange  at  Bos- 
ton, New  York,  Philadelphia,  and  Baltimore, 
confidently  calculated  that  I  should  not  be  en- 
abled to  raise  the  money  on  account  of  its 
exceeding  great  scarcity,  and  because  it  was 
impossible  to  effect  any  considerable  sales  of 
stock.  The  Secretary,  having  declined  extend- 
ing further  the  public  patronage  to  the  banks 
which  were  willing  to  lend  me  money,  without 
which  he  knew  I  was  not  bound  to  furnish  a 
dollar,  imbibed  the  same  opinion,  and  incon- 
siderately expressed  it  to  John  Donald,  D.  A. 
Smith,  and  David  Parish,  with  whom  he  was 
endeavoring  to  negotiate  a  further  portion  of 
the  loan,  and  probably  to  others. 

I  communicated  every  particular  of  my  ne- 
gotiation and  contract  with  the  City  Bank  to 
Mr.  Campbell,  and  my  success  in  paying  my 
second  instalment,  and  the  following  is  the 
answer  received  from  him  : 

"Washington,  June  29,  1814. 
"  Dear   Sir:  I  congratulate  you  on  having 
completed  the   payment   of  the   second  instal- 
ment announced  in  yours  of  the  27th  instant, 
just  received.     It  is  hoped  that  all  will  do  well. 


74 


LIFE    OF   JACOB    BARKER. 


It  is  not  believed  the  late  news  is  as  alarming 
as  the  newspapers  represents. 

"  With  due  respect,  I  am  in  haste,  but  not  in 
full  health,  sir,  your  most  obedient, 

u  G.  W.  CAMPBELL. 

"  Jacob  Barker,  esq." 

Having  completed  sueh  payments,  it  was 
necessary  for  me  to  commence  my  operations 
for  the  money  to  pay  my  third  instalment,  to 
accomplish  which  I  was  very  anxious  to  visit 
Boston,  but  I  was  under  the  necessity  of  re- 
pairing to  Washington,  to  get  the  Secretary  to 
extend  the  business  to  the  City  Bank,  from  a 
quarter  to  a  third  ;  to  bestow  upon  the  Mechan- 
ics' and  Farmers'  Bank,  at  Albany,  a  third  of 
the  public  business  at  that  place ;  to  extend 
patronage  to  such  other  banks  as  might  assist 
me  in  pursuance  of  my  original  plan.  I  accord- 
ingly proceeded  to  Washington,  where  I  arrived 
on  the  fourth  of  July,  and  immediately  had  an 
interview  with  the  President  of  the  United 
States,  when  I  explained  to  him  the  course 
that  had  been  pursued,  and  what  was  neces- 
sary to  be  done ;  he  was  knowing  to  the  assu- 
rances given  me  by  the  Secretary  when  the 
contract  was  made,  and  approved  of  them; 
he  sent  for  Mr.  Campbell,  they  conferred  to- 
gether on  the  subject.  The  President  pointing 
out  to  Mr.  Campbell  the  consequences  likely 
to  result  from  the  course  pursued  by  the  Treas- 
ury, that  good  faith  required  he  should  promptly 
carry  out  every  assurance  given  me  when  the 
contract  was  made.  Immediately  after  which, 
I  called  on  the  Secretary,  when  he  promised 
to  extend  to  the  City  Bank  the  business  of  the 
department  at  New  York,  making  it  one-third 
in  place  of  one-fourth,  and  to  confer  on  the 
Mechanics'  and  Farmers'  Bank,  at  Albany,  one- 
third  of  the  business  of  the  department  at  that 
place. 

The  Secretary  stated,  that  he  felt  every  dis- 
position to  accommodate  the  parties  loaning 
moneys  to  government,  and  would  take  the  mat- 
ter into  consideration,  adding  there  was  a  great 
complaint  in  Philadelphia  and  elsewhere  that 
he  was  favoring  me  ;  that  he  had  received  let- 
ters on  the  subject,  and  there  always  would  be 
dissatisfaction  at  the  smallest  appearance  of 
favoritism.  I  replied,  that  he  knew  the  truth 
to  be,  so  far  from  my  having  received  the  least 
possible  favor  from  government,  that  I  sup- 
posed he  might  put  his  mind  entirely  at  ease 
upon  that  subject.     The  Secretary  not  having 


replied  to  a  letter  which  I  wrote,  complaining 
that  the  condition  had  not  been  put  on  the 
face  of  the  stock,  I  asked  his  reason  for  omit- 
ting it.  He  replied,  generally,  that  he  meant  at 
all  events  to  do  ri";ht ;  that  his  reasons  for  order- 
ing the  stock  to  be  issued  without  bearing  the 
condition  on  the  face  of  it  was,  that  the  stock 
was  to  be  permanent,  and  when  the  additional 
stock  was  issued  the  condition  would  be  at  an 
end,  after  which  it  should  not  appear  on  the 
stock,  and  once  put  on  it,  it  could  not  be 
taken  off. 

He  mentioned,  that  he  had  not  the  least  in- 
tention of  changing  the  rights  of  the  parties  by 
omitting  it,  and  that  it  could  not  injure  them, 
because  they  could  prove  their  title  without 
difficulty,  it  being  a  thing  of  public  record,  of 
public  notoriety,  contained  in  a  circular  letter 
to  all  the  subscribers  to  the  loan,  and  not  a 
special  condition  with  any  particular  individual. 

Knowing  that  Mr.  Sheldon  had  the  prin- 
cipal arrangement  of  the  detail  of  the  business 
of  the  treasury  department,  and  had  the  repu- 
tation of  understanding  it  very  well,  and 
although  it  was  manifest  the  person  who  had 
the  arrangement  of  conducting  the  business 
with  me  understood  very  well  how  to  reject 
every  request  I  made,  and  how  to  embarrass 
all  my  proceedings,  yet  I  applied  to  him,  aud 
desired  him  to  cause  such  a  course  to  be  pur- 
sued as  would  prevent  further  perplexity.  At 
the  same  time  I  pointed  out  to  him,  that  if  they 
had  determined  to  break  me  down,  they  could 
not  have  pursued  a  course  more  likely  to  effect 
that  object ;  to  which  he  replied,  that  he  had 
nothing  to  do  with  it ;  that  he  was  opposed  to 
the  terms  of  the  contract  made  with  me,  and 
as  Mr.  Campbell  had  thought  proper  to  make 
it  in  opposition  to  his  opinions,  that  he  would 
not  interfere  with  respect  to  the  carrying  it 
into  effect ;  no  motive  could  possibly  exist  to 
induce  a  wish  of  breaking  me  down,  except  it 
was  to  prevent  the  receipt  of  the  money,  and 
thereby  to  injure  the  administration  and 
country. 

Mr.  Sheldon  added,  that  he  had  the  submis- 
sion of  the  plans  for  conducting  all  the  busi- 
ness of  the  department,  but  that  he  had  not 
submitted,  and  would  not  submit,  any  plan  for 
the  conducting  of  this  business,  nor  would  he 
even  read  the  letters  I  wrote  to  Mr.  Campbell 
on  the  subject ;  that  he  had  not  read  them,  ex- 


IRREGULARITY   OF   CERTIFICATES. 


75 


cept  one  or  two,  which  he  required  him  pe- 
remptorily to  peruse.  I  replied  to  him,  that 
however  proper  it  was  for  him  to  give  his  opin- 
ion and  advice  to  the  Secretary  before  the  con- 
tract was  made,  that  I  considered  he,  as  a  clerk 
in  the  office,  was  bound  to  do  every  thing  in 
his  power  to  carry  into  effect  such  contracts  as 
the  head  of  the  department  thought  proper  to 
make.  I  left  him,  and  waiting  on  Mr.  Camp- 
bell, informed  him  of  the  conversation  with 
Mr.  Sheldon,  adding  that  it  was  no  longer 
strange  that  I  had  been  so  much  perplexed, 
since  an  experienced  clerk  in  so  difficult  and 
extensive  a  business  as  fell  to  the  lot  of  his  de- 
partment could  at  any  time  derange  a  portion 
of  the  business,  without  its  being  possible  for 
the  head  of  the  department  to  discover  it,  es- 
pecially if  such  principal  had  not  occupied  the 
station  sufficiently  long  to  become  acquainted 
with  its  details. 

The  Secretary  had  been  but  a  short  time  in 
office,  during  the  whole  of  which  time  he  had 
been  in  bad  health.  He  was  not  experienced 
in  the  detail  of  the  department,  and  although 
of  industrious  habits  and  with  the  best  inten- 
tions, he  was  not,  under  those  circumstances, 
equal  to  the  task. 

When  he  was  appointed  the  office  was  in  the 
most  deranged  state, havingbeen for  six  months, 
in  the  absence  of  Mr.  Gallatin,  conducted  by 
hostile  clerks. 

The  duties  of  the  acting  secretary,  as  Secre- 
tary of  the  Navy,  occupied  nearly  all  his  time 
in  his  own  department. 

The  treasury  was  also  almost  destitute  of 
money;  its  revenue  inadequate  to  the  discharge 
of  the  expenses  of  the  war;  the  accustomed 
receipts  greatly  reduced  by  the  restrictive  sys- 
tem and  the  war. 

The  opposition  took  advantage  of  this  state 
of  affairs,  and  denounced  Mr.  Campbell  as  an 
ignorant  backwoods-man. 

On  my  return  to  New  York,  I  found  that  in- 
formation of  the  difficulty  thrown  in  my  way  by 
the  treasury  had  preceeded  me  from  those  per- 
sons who  had  repaired  to  Washington,  and 
who  were  negotiating  a  new  loan,  and  that  it 
was  already  in  possession  of  the  Wall-street 
gentry,  which  greatly  impaired  my  operations, 
and  rendered  it  exceedingly  difficult  to  perform 
the  whole  operation  in  relation  to  an  instalment 


under  the  regulations  of  the  treasury  in  the 
one  day  prescribed. 

"Washington  City,  July  14,  1814. 

"Dear  Sir:  Enclosed  you  will  receive 
copies  of  two  letters  relating  to  deposits  yes- 
terday, written  to  effect  the  objects  ucder  con- 
sideration when  you  left  this.  Should  we  make 
no  contract  for  a  loan,  in  a  short  time  we  may 
advertise  to  receive  proposals,  &c.  A  certain 
portion  of  the  fifteen  millions,  at  least  as 
much  as  was  contemplated,  will,  however, 
according  to  our  present  views,  be  negotiated 
in  Europe,  probably  by  our  ministers  there.  It 
is  hoped  prospects  will  brighten.  There  is 
nothing  known  to  the  writer  of  this  to  justify 
the  editorial  paragraph  in  the  National  Intelli- 
gencer of  this  morning. 

"In  haste,  with  due  respect,  I  am,  sir,  your 
most  obedient, 

"  G.  W.  CAMPBELL. 

"Jacob  Barker,  esq." 

For  the  purpose  of  gaining  time  necessary 
in  which  to  obtain  the  money  and  transfer  the 
promised  securities  to  the  lenders,  I  applied  to 
the  loan  office  to  ascertain  whether,  if  I  paid  in 
in  anticipation,  they  would  fund  the  scrip 
certificates  before  the  day  mentioned.  They 
referred  to  their  instructions,  which  being 
silent  on  that  subject,  but  directed  the  date  to 
be  inserted  in  the  certificate  on  which  the 
interest  commenced,  they  replied  to  me,  that 
if  I  was  willing  to  lose  the  few  days'  interest, 
they  did  not  discover  any  objections  to  granting 
the  stock.  I  therefore  determined  to  pay  a 
part  before  it  became  due,  and,  accordingly, 
paid  about  one  hundred  and  fifty  thousand 
dollars  on  the  fifteenth,  sixteenth,  eighteenth, 
and  nineteenth  of  July,  which  was  endorsed  on 
the  scrip  certificates,  and  the  Commissioner  of 
Loans  issued  funded  stock  for  it,  bearing  inter- 
est from  the  twenty-fifth  of  July,  the  day  I 
was  bound  to  pay,  as  I  preferred  losing  the 
interest  for  those  few  days  to  being  embarrassed 
in  my  operations  for  the  want  of  power  to  give 
security  in  time.  The  stock  was  transferred  to 
my  agents,  McEwen,  Hale  and  Davidson,  of 
Philadelphia,  who  were  to  have  furnished  me 
with  funds  on  it  in  season  to  have  made  addi- 
tional payments  on  the  twenty-fifth  of  July. 
The  certificates  were  sent  to  the  Treasury 
Department  to  be  transferred  to  the  Philadel- 
phia books,  when  that  department,  after  keeping 
them  many  days,  returned  them  to  the  loan 
office  in  this  city  for  the  purpose  of  obtaining 
an   explanation  with   respect  to   the   interest 


76 


LIFE   OF  JACOB  BARKER. 


commencing  at  a  period  subsequent  to  their 
date.  The  Commissioner  of  Loans  returned 
them  to  Washington  with  the  explanation;  the 
Treasury  Department  again  returned  them  to 
him,  stating  that  the  business  was  irregular, 
that  the  certificates  must  be  cancelled  aud  new 
ones  issued,  which  was  done.  Those  new  cer- 
tificates were  forwarded  to  Washington,  and 
the  warrants  erroneously  made  out  in  the 
Treasury  Department  and  sent  to  Philadelphia, 
when  the  Commissioner  of  Loans  at  that  place 
refused  to  place  the  stock  on  the  books,  on 
account  of  an  error  which  had  occurred  in  the 
treasury  office,  and  the  certificates  were  re- 
turned again  to  Washington  for  correction 
before  the  stock  could  be  used.  These  repeated 
blunders  consumed  between  one  and  two 
months,  disappointed  me  of  the  money  on 
which  I  had  calculated  to  complete  the  pay- 
ment of  the  third  instalment,  and  subjected  me, 
by  the  fall  of  stocks  during  the  period  of  such 
delay,  to  a  considerable  loss.  This  disappoint- 
ment was  not  merely  confined  to  the  amount  of 
such  stock,  it  also  locked  up  the  funds  which  I 
had  prepared  to  apply  to  secure  the  difference 
between  88,  which  I  had  paid  for  stock,  and  the 
low  estimated  value  at  which  persons  agreeing 
to  furnish  me  with  moneys  had  agreed  to  take  it 
as  collateral  security.  The  only  reason  assigned 
for  a  delay,  in  its  consequences  so  prejudicial, 
so  fatal  to  me,  was  irregularity!  Aud  what 
was  that  alleged  irregularity?  Why  nothing 
more  than  that  I  had  paid  the  money  ten  days 
before  it  was  due,  and  obtained  the  certificates 
dated  when  I  paid  the  money.  The  amounts 
of  the  certificates,  the  time  when  the  interest 
commenced,  and  every  other  part  of  the  busi- 
ness was  conducted  in  perfect  conformity  with 
the  directions  of  the  Treasury  Department.  Of 
this  reason  I  was  informed  on  the  eighth  of 
August,  and  on  that  very  day  treasury  notes 
were  negotiated  on  the  New  York  exchange, 
which  had  been  previously  signed  and  issued 
to  contractors  at  Washington,  bearing  date  the 
eleventh  of  August,  which  proves  that  the 
business  of  a  great  department  is  not  con- 
ducted by  such  rigid  rules  that  it  cannot  in  any 
case  bend  to  circumstances. 

At  this  period  the  inconvenience  arising 
from  not  having  the  condition  inserted  on  the 
face  of  the  stock  became  much  more  serious 
than  it  had  been.     The   public   opinion    had 


undergone  an  entire  revolution  in  relation  to 
the  probability  of  peace,  and,  consequently 
with  regard  to  the  value  of  the  condition.  I 
was  disappointed  in  carrying  into  effect  con- 
tracts I  had  made  for  money,  and  prevented 
from  making  others,  because  it  was  not  in  my 
power  to  satisfy  persons  with  whom  I  dealt, 
and  who  were  not  much  acquainted  with  stock 
operations,  that  they  would  as  certainly  receive 
the  benefit  of  the  condition  as  if  it  appeared  on 
the  face  of  the  stock.  On  applying  to  the  banks 
which  had  assisted  me  for  further  accommoda- 
tion, I  was  refused  on  the  ground  that  for 
the  money  lent  their  bills  had  not  been  sent  to 
the  army,  and  applied  for  other  payments  of 
government,  as  they  had  expected,  but  instead 
thereof,  the  governmental  agents  who  obtained 
drafts  for  it  would,  in  some  instances,  imme- 
diately deposit  such  drafts  in  other  banks,  who 
would  demand  specie  for  them.  And  in  other 
instances,  the  agents  would  draw  the  paper  of 
the  banks  on  which  the  warrants  were  drawn, 
and  exchange  such  paper  with  the  agents  of 
other  banks,  for  which  they  procured  a  pre- 
mium ;  and  the  paper  of  other  banks  was  taken 
to  the  army,  and  used  for  the  purposes  of  gov- 
ernment, while  the  paper  of  the  banks  lending 
money  was  immediately  returned  and  specie 
demanded  therefor.  The  difficulties  before 
enumerated,  and  the  general  impression  that 
government  would  still  remain  under  the 
necessity  of  borrowing  large  sums,  added  to 
the  blockade  of  our  whole  coast,  the  constant 
demand  for  specie,  and  the  universal  distress 
among  merchants,  rendered  it  extremely  diffi- 
cult to  raise  money  or  to  effect  sales  of  stock 
at  any  price.  Stocks  had  very  considerably 
fallen,  and  their  depreciation  was,  in  a  great 
degree,  occasioned  by  a  report  published  iu  the 
newspapers  that  Mr.  Campbell  had,  in  the 
beginning  of  that  month,  given  to  Mr.  Parish 
and  others  a  refusal  of  a  large  amount  of  the 
twenty-five  million  loan  for  some  days  at  85, 
and  that  those  gentlemen  had  declined  his 
offer.  The  public  stocks  were,  likewise,  injured, 
on  account  of  the  protest  of  a  number  of  bills 
drawn  by  the  navy  officers  on  the  lakes,  and 
which  had  been  regularly  accepted  by  the 
proper  officer  of  government,  and  not  paid 
when  they  became  due.  The  payment  of 
treasury  notes  to  persons  to  whom  government 
was  indebted,  and  who,  having  long  laid  out  of 


DIFFICULTIES   OF   THE   THIRD   INSTALMENT. 


77 


their  money,  were  glad  to  obtain  them,  and 
eager,  from  necessity,  to  place  them  in  the 
market,  where  they  sold  for  whatever  price 
they  could  procure,  was  also  another  circum- 
stance which  greatly  impaired  the  price  of 
stocks,  and  enabled  the  money  holders  to  derive 
great  profit  and  advantage  from  the  dealers  in 
stock,  whose  necessities  for  money  obliged 
them  to  sell.  The  ''Federal  Republican"  pur- 
sued its  course  against  me  "with  a  step  as 
steady  as  time  and  an  appetite  as  keen  as 
death/'  At  this  time  it  declared  that  I  had 
failed  in  my  two  first  instalments,  although 
every  dollar  had  been  punctually  paid,  and 
every  opposition  in  the  power  of  too  many  of 
the  party  who  supported  that  paper  was  made 
to  prevent  me  from  obtaining  money.  On  this 
occasion  I  addressed  the  Secretary  as  follows: 

"New  York,  8  Month,  4,  1814. 

"Esteemed  Friend:  I  have  not  yet  received 
any  advice  of  the  stock  being  placed  on  the 
books  of  Pennsylvania  which  I  got  funded,  bear- 
ing interest  from  the  25th  July,  and  transferred 
immediately  after  I  paid  the  money,  which  was 
paid  on  the  15th,  16th,  18th,  and  19th  July. 
If  the  difficulties  have  not  been  removed,  I  beg 
thee  to  give  early  attention  to  this  subject;  the 
stopping  of  only  a  few  thousand  dollars  deranges 
the  whole  business,  as  I  find  it,  without  any 
such  embarrassments,  very  difficult  to  advance 
the  difference  between  88,  and  the  price  at 
which  I  have  to  sell  or  hypothecate  the  stock. 

"  I  have  borrowed  of  the  Mechanics'  Bank 
$100,000,  and  agreed  to  receive  it  in  their 
drafts,  at  sight,  on  the  banks  in  Virginia, 
North  and  South  Carolina,  which  drafts  I  wish 
to  pay  into  the  City  Bank  as  cash.  Will  thee 
do  me  the  favor  to  order  G.  B.  Vroom,  cashier, 
to  receive  them  as  cash?  I  cannot  get  them 
from  the  Mechanics'  Bank  until  I  get  the  stock 
for  them,  and  I  cannot  get  the  stock  until  I 
get  the  scrip  endorsed ;  therefore,  if  thee  can- 
not order  Vroom  to  receive  them  as  cash,  I 
cannot  be  benefited  by  the  loan  of  the  said 
$100,000.  When  he  has  them,  he  can  remit 
those  drafts  to  the  banks  on  which  they  are 
drawn,  to  be  placed  to  the  credit  of  the  gov- 
ernment, which  will  leave  the  business  precisely 
the  same  as  if  I  had  paid  the  money  into  these 
southern  banks. 

"  With  esteem,  &c, 

"  JACOB  BARKER. 
"G.  W.  Campbell." 

The  request  contained  in  this  letter  was  re- 
fused, by  which  means  I  was  unable  to  convert 
the  $100,000  borrowed  of  the  Mechanics' Bank 
towards  the  payment  of  my  subscription  to  the 
loan. 


"  Treasury  Department,  Augusts,  1814. 

"  Sir  :  The  only  mode  in  which  the  sum  of 
$100,000,  mentioned  in  your  letter  of  the  4th 
instant,  can  be  managed,  is  that  which  has 
been  already  adopted  in  relation  to  payments 
made  by  you  on  account  of  the  loan  into  banks 
other  than  those  where  the  scrip  certificates 
were  issued.  The  money  must  be  credited  to 
the  treasurer,  in  the  bank  where  the  scrip  cer- 
tificates were  issued,  and  placed  to  the  debit 
of  the  bank  where  the  payment  is  actually 
made.  And  on  receiving  r.otice  of  the  banks, 
and  the  amounts  respectively,  thus  debited, 
drafts  will  be  furnished  from  the  treasury  to 
those  banks,  drawn  on  the  bank  where  the 
money  has  been  credited  to  the  treasurer. 
But  this  cannot  be  extended  to  banks  with 
which  the  treasury  has  now  no  accounts.  It 
would  be  wholly  impossible  to  couduct  the 
business  of  a  great  department,  when  the  mode 
of  transacting  that  business  and  the  forms 
through  which  it  is  to  pass  are  to  be  subjected 
to  continual  variations. 

"  I  am,  sir,  very  respectfully,  your  most 
obedient, 

"G.  W.  CAMPBELL. 
"  Jacob  Barker,  esq.,  New  York" 

This  letter,  as  the  reader  will  observe,  con- 
tains notice  that  no  more  money  would  be 
received  in  any  bank  with  which  the  govern- 
ment, at  the  date  of  such  letter,  had  not  an  ac- 
count. The  restriction  contained  in  this  letter 
destroyed  my  ability  to  make  any  considerable 
further  loans,  as  no  bank  would  loan  me  money 
for  the  purpose  of  being  drawn  out  and  de- 
posited in  other  establishments,  and  the  banks 
with  which  government  had  opened  accounts 
were  already  exhausted  by  their  loans  to  the 
public.  I  considered  this  to  be  a  manifest  vio- 
lation of  the  understanding  between  the  Sec- 
retary of  the  Treasury  and  myself;  he  could  not 
comprehend  the  necessity  for  granting  facilities 
to  those  engaged  in  supplying  money,  and  like 
most  men  when  disappointments  occur,  in- 
dulged the  idea  that  fault  was  not  at  home ; 
and  he  was  misled  by  the  supposition  that  I 
intended  to  throw  stock  into  the  market  for  the 
purpose  of  affecting  the  pending  loan. 

"  Washington,  August  11,  1814. 

"Dear  Sir:  The  necessary  attention  to  the 
current  business  of  the  office,  with  other  causes, 
among  which  was  occasional  indisposition, 
has  prevented  me  from  replying  to  some  sug- 
gestions and  remarks  in  several  letters  received 
from  you. 

"  It  is  not  doubted  that  you  have  used  your 
utmost  exertions  to  effect  the  payment  of  the 
instalments  on  that  part  of  the  loan  taken  by 
you,  and  these  exertions  are  duly  appreciated, 


78 


LIFE   OF  JACOB   BARKER. 


but  they  will  not  justify  the  treasury  in  actions 
otherwise  than  it  deems  perfectly  correct.  Be- 
fore I  close,  it  may  not  be  improper  to  notice 
an  intimation  given,  it  is  believed,  in  one  of 
your  last  letters. 

"  If  it  be  intended  to  announce  to  the  treas- 
ury that  you  are  to  throw  stock  into  the  market 
at  this  time  for  the  purpose  of  depressing  its 
price  and  thereby  affecting  the  pending  loan, 
the  reply  can  only  be,  that  such  a  measure 
must  be  considered  altogether  unjustifiable. 

" I  trust  such  a  course  is  not  intended.  It 
would  be  a  matter  of  regret  that  intimations  to 
this  effect,  already  announced,  should  be  con- 
firmed. 

"  With  respect,  I  am,  sir,  your  most  obedient, 
"  G.  W.  CAMPBELL. 
"  Jacob  Barker,  esq." 

A  most  unfortunate  and  extraordinary  inter- 
pretation, this,  of  my  motive  for  selling  stock, 
a  sale  rendered  necessary  by  the  extraordinary 
obsticles  thrown  in  my  way  by  the  treasury, 
and  by  the  impossibility  to  raise  money  in  any 
other  way. 

The  only  reason  which  has,  to  my  knowledge, 
been  assigned  for  a  belief  that  it  was  my  wish 
to  depreciate  the  price  of  stocks,  arose  from  a 
mistaken  supposition  that  it  was  my  interest 
to  do  so;  whereas,  in  reality,  the  very  reverse 
was  the  case,  inasmuch  as  stocks  once  de- 
pressed could  not  be  advanced  again  until  the 
conclusion  of  the  war,  or  the  adoption  of  great 
national  measures,  and  I  already  held  a  large 
amount  which  I  could  not  continue  to  hold  for 
any  considerable  length  of  time,  having  bor- 
rowed money  on  it  payable  at  an  early  day ; 
and  so  much  did  I  dread  a  depreciation,  that 
I  not  only  made  every  exertion  to  hold  my 
stock,  but  on  discovering  others,  who  had  sub- 
scribed, forced  by  the  scarcity  of  money  to  sell 
a  part  of  their  stock  to  enable  them  to  make 
good  their  payments,  I  entered  into  an  agree- 
ment with  Harman  Hendricks,  a  very  wealthy 
merchant  who  had  liberally  lent  a  large  por- 
tion of  his  fortune  to  government — he  was  also 
an  original  contractor  for  the  part  of  the  ten 
million  loan,  and  was  therefore  equally  inter- 
ested with  me  in  keeping  up  the  price  of  stocks — 
to  borrow  money  on  our  joint  security,  and  pur- 
chase up  all  the  stock  in  the  ten  million  loan 
which  should  come  into  the  market  below  the 
contract  price ;  in  pursuance  of  this  arrange- 
ment we  made  extensive  purchases,  the  whole 
of  which  we  held  until  after  the  second  con- 
tract was  made. 


Notwithstanding  this,  the  best  of  all  possible 
evidence  that  the  measures  I  adopted  and  pur- 
sued went  to  sustain  the  price  of  the  stock,  and 
that  it  was  my  manifest  interest  to  do  so,  those 
opposed  to  my  success  continued  to  insist  that 
it  was  for  my  interest  to  depress  the  market 
price,  and  that  I  was  doing  all  in  my  power  to 
effect  that  object;  taking  advantage  of  Mr. 
Campbells  sickness  and  ignorance  of  financial 
matters,  they  managed  to  poison  his  ear,  and 
induced  him  to  believe  I  had  some  such  in- 
tention ;  those  in  his  department  constantly 
calling  his  attention  to  the  fall  of  stock  and 
such  other  occurrences  as  would  be  likely  to 
make  such  an  impression  on  his  mind. 

Nothing  could  be  more  manifest  that,  but 
for  the  scheme  of  issuing  scrip  certificates,  all 
would  have  gone  on  smoothly  and  without  the 
least  inconvenience  to  the  treasury.  All  it  had 
to  do,  was  to  have  ordered  the  loan  offices  at 
the  different  places  where  the  money  was  to 
be  deposited  to  have  issued  full  stock,  agreeably 
to  the  original  contract,  on  the  presentation  of 
a  certificate  of  deposit  from  an  approved  bank. 
All  the  machinery  beyond  this  was  a  perplex- 
ing surplusage  without  the  least  utility  ;  all  ac- 
countants will  see,  at  first  view,  that  this  was 
all  that  was  necessary  for  the  security  of  the 
government,  and  simplicity  in  keeping  the 
treasury  accounts. 

The  negotiation  with  Messrs.  Astor  and 
Parish  having  resulted  without  any  arrange- 
ment or  any  loan  from  those  gentlemen,  the 
Secretary,  ou  the  25th  of  July,  sent  six  million, 
a  further  portion  of  the  twenty-five  million,  to 
Europe  for  sale. 

The  following  letter, received  from  the  Comp- 
troller of  the  Treasury,  was  not  calculated  to 
encourage  me  to  expect  a  better  state  of  things: 

"Washington,  August  10,  1814. 

''Dear  Sir:  You  will  perceive  that  Congress 
are  called  for  the  19th  of  September.  I  pre- 
sume that  nothing  can  be  inferred  from  this 
in  regard  to  our  future  prospects  of  peace, 
either  good  or  bad,  only  that  about  that  period 
it  may  probably  be  known  with  tolerable  cer- 
tainty whether  it  is  to  be  peace  or  war,  and 
measures  may  be  taken  accordingly.  It  is 
probable,  too,  that  the  Executive  now  realizes 
(for  it  is  impossible  that  he  should  not)  the 
distressing  deficiency  which  must  then  exist 
in  our  pecuniary  means,  and  wishes  Congress 
here  to  devise  some  mode  of  meeting  this 
exigency,  or  at  least  to  divide  with  him  the 


DIFFICULTIES    OF   THE    THIRD    INSTALMENT. 


79 


dread  responsilitv  which  this  state  of  things 
brings  with  it,  and  perhaps  for  the  purpose  of 
merely  "doing  something,''  without  any  very 
distinct  views  as  to  what  that  something  is  to 
be. 

"  Yours  of  the  8th  instant  is  received,  and 
its  contents  noticed. 

"The  Secretary  of  the  Treasury  is  really 
much  unwell  and  looks  broken  down.  I  am  a 
good  part  of  the  time  but  little  better,  indeed, 
my  good  sir,  it  is  in  truth  pretty  disconsolate 
and  sorrowful  times  here,  I  can  assure  you. 

"  Your  friend,  «tc, 

"EZ.  BACON. 

"Mr.  J.  Barker." 


"New  York,  eighth  month,  \1th,  1814. 

"  Esteemed  Friexd  :  Will  thee  do  me  the 
favor,  personally,  to  see  the  errors  or  embar- 
rassment in  relation  to  my  stock  removed.  I 
do  not  know  that  the  Treasury  Department 
can  save  me,  if  not,  it  will  be  the  most  cruel 
sacrifice  of  an  individual  ever  known.  I  say 
cruel,  because  I  could  easily  have  been  per- 
mitted to  have  gone  smooth  through  my  busi- 
ness. 

"  Thv  assured  friend, 

" JACOB  BARKER. 

"  George  W.  Campbell,  esq." 

After  the  receipt  of  the  Secretary's  letter, 
dated  the  8th  August,  I  ineffectually  remon- 
strated against  the  requisitions  it  contained, 
and  sent  him  vouchers  for  one  hundred  thou- 
sand dollars,  which  I  wished  him  to  receive  at 
the  Bank  of  Cape  Fear,  to  which  I  received 
the  following  answer : 

"Treasury  Department, 

August  19,  1814. 

"Sir:  Your  letter  of  the  13th  has  been 
received.  The  scrip  certificate  which  you  for- 
merly enclosed  to  me  was  sent  to  the  Cape 
Fear  Bank,  as  you  desired,  and  I  suppose  the 
arrangements  in  relation  to  it  are  in  a  course 
of  completion.  The  scrip  certificate  enclosed 
in  your  letter  of  the  13th  instant  is  herewith 
returned.  No  more  money  can  be  received  in 
that  bank,  as  we  can  make  no  use  of  it  there, 
and  that  bank  being  out  of  the  chain  of  con- 
nexion among  the  banks  which  we  employ, 
we  cannot  draw  the  funds  into  other  banks 
where  they  might  be  used.  Though  it  will  be 
very  inconvenient,  yet  the  treasury  may,  per- 
haps, authorize  two  or  three  banks  at  the  east- 
ward, not  now  connected  with  it,  provided  they 
are  such  as  shall  be  approved,  to  receive 
monies  on  account  of  the  loan.  But  in  such 
case,  as  before,  the  monies  must  be  placed  in 
such  banks  to  the  credit  of  the  bank  where  the 
scrip  certificate  was  issued,  and  the  same 
course  tuken  as  heretofore. 

"  There  is  so  much  inconvenience  attending 


these  operations  that  yon  are  to  consider  them 
liable  at  any  time  to  be  discontinued  when  the 
treasury  shall  see  fit  to  put  an  end  to  them. 

"  I  am,  very  respectfully,  your  obedient  ser- 
vant. 

«  G.  W.  CAMPBELL. 

"  Jacob  Barker,  esq." 

In  this  letter  he  refuses  to  receive  $100,000 
for  which  I  had  already  contracted  in  the 
Cape  Fear  Bank,  although  in  the  same  letter 
he  notices  his  acceptance  of  a  previous  $100,- 

000  in  that  bank,  for  which  he  had.  of  course, 
opened  an  account,  but  intimates  that  he  might, 
perhaps,  so  far  relax  from  the  rule  laid  down 
in  his  letter  of  the  8th  instant,  as  to  receive  it 
in  two  or  three  of  the  eastern  banks  with 
which  the  treasury  was  not  then  connected, 
reserving  to  himself  the  right  of  terminating 
such  receipts  at  pleasure.  This  was  altogether 
too  precarious  a  basis  on  which  to  found  any 
new  contracts,  and  the  refusal  to  receive 
money  in  the  Cape  Fear  Bank,  for  the  single 
reason  that  government  could  not  use  money 
there,  had  left  me  to  make  the  best  settlement 
in  my  power  for  the  hundred  thousand  dollars 
which  I  had  engaged  to  receive  there.  This 
refusal  was  the  most  unexpected  thing  imagi- 
nable, because,  in  addition  to  the  right  I  sup- 
posed myself  to  possess  of  paying  it  there, 
and  this  right  the  Secretary  does  not  question 
in  his  letter  refusing  it,  but  assigns  a  different 
and  distinct  reason  for  such  refusal,  I  be- 
lieved that  the  wants  of  the  treasury  were  so 
great  that  they  would  be  glad  to  receive  it 
wherever  they  could  procure  it;  and  I  had  under- 
stood the  government  to  be  in  so  much  distress 
for  money,  particularly  in  North  Carolina,  that 
the  recruiting  officers  were  under  the  necessity 
of  turning  off  men  who  offered  to  enlist,  for 
the  want  of  funds  to  pay  the  bounty.  The 
Cape  Fear  Bank  is  one  of  the  best  establish- 
ments in  the  Union,  and  its  credit  is  not  sur- 
passed by  any  in  North  Carolina.  The  stock 
before  mentioned  as  having  been  transferred 
to  my  friends  at  Philadelphia  the  middle  of 
July,  had  not  been  placed  in  the  books  in  Phil- 
adelphia. Unable  to  account  for  the  delay  in 
any  other  way  than  from  its  having  to  pass 
through  the  hands  of  federal  clerks  in  the 
Treasury  Department,  not  receiving  any  satis- 
factory reply,  I  repaired  to  Washington,  when 

1  found  everything  in  confusion;  nothing  could 
be  done  until  the  fate  of  the  loan  for  ten  mil- 


80 


LIFE   OF   JACOB   BARKER. 


lions,  which  had  been  advertised  for  on  the  2Gth 
July,  to  be  closed  on  the  22d  of  August,  should 
be  known.  It  failed — no  contract  was  made 
on  that  day.  The  President  with  his  cabinet 
ministers  left  Washington  on  the  24th  August, 
1814.  The  British  army  entered  that  city  on 
the  evening  of  that  day.  The  banks  at  Balti- 
more and  in  the  District  of  Columbia  sus- 
pended specie  payments,  and  sent  off  their 
specie  on  the  approach  of  the  enemy.  The 
hostile  army  remained  in  possession  of  Wash- 
ington until  the  night  of  the  25th,  when  they 
evacuated  that  city,  advice  of  which,  from  the 
tenor  of  the  following  letter,  seems  to  have 
reached  the  President  on  the  26th. 

u  Brookville,  August  2G,  1814. — 10  p.  m. 

"  Dear  Sir:  I  expected  this  morning  to  have 
reached  General  W.,  and  yourself,  before  your 
departure  from  Montgomery  C.  H.,  but  was 
delayed,  so  that  I  did  not  arrive  there  till  six 
o'clock,  partly  to  obtain  quarters,  partly  to  be 
within  communication  with  you. 

"  I  have  proceeded  thus  far  in  company  with 
Mr.  Rush,  General  Mason,  &c,  and  avail  my- 
self of  the  bearer  to  inform  you  that  I  will 
either  wait  here  till  you  join  me,  or  follow  and 
join  you,  as  you  may  think  best.  Let  me  know 
your  idea  on  the  subject  by  the  bearer.  If 
you  decide  on  coming  hither,  the  sooner  the 
better.  Mr.  Rush  will  remain  here  also  ;  Mr. 
Jones  is  with  my  family  and  his  own,  on  the 
other  side  of  the  Potomac,  but  will  come  to  the 
city  the  moment  he  hears  of  its  evacuation. 
General  Armstrong  and  Mr.  Campbell  are,  I 
understand,  at  Fredericktown.  I  shall  give 
them  immediate  notice  of  the  change  in  the 
state  of  things,  and  desire  them  to  conform  to 
it.  A  letter  from  General  Smith,  of  Win- 
chester, to  General  A.,  was  put  into  my  hands 
by  express  at  Montgomery  C.  H.,  stating  a 
brigade  of  militia  could  come  or  not,  as  might 
be  desired.  I  have  sent  it  open  to  General  W., 
who  can  judge  best  of  the  answer  proper  to  be 
given,  and  will  act  on  the  letter  accordingly. 

"  Accept  my  best  wishes,  and  great  esteem, 
•'  J.  MADISON. 
"James  Monroe,  esq.,  Secretary  of  State.'''' 

The  cabinet  ministers  returned  to  Wash- 
ington on  the  30th ;  the  Secretary  opened  a 
new  negotiation  for  the  six  million  loan,  and 
on  the  31st  of  August,  1814,  they  contracted 
with  the  officers  of  the  District  and  Baltimore 
banks,  and  Dennis  A.  Smith,  of  Baltimore,  for 
two  millions  two  hundred  and  fifty-three  thous- 
and dollars,  payable  in  the  depreciated  paper 
of  those  banks,  on  the  20th  September,  10th 
October,  10th  November,  10th  December,  one- 


fourth  each  ;  with  various  other  persons  for 
the  further  sum  of  two  hundred  and  seventy- 
seven  thousand  three  hundred  dollars.  From 
this  time  forward  the  treasury  conducted  its 
business  with  depreciated  bank  notes,  and 
treasury  notes,  which  had  also  depreciated. 

The  National  Intelligencer  of  the  1st  Sep- 
tember, 1814,  announced  that  all  the  specie 
had  been  removed  from  the  Baltimore  banks  ; 
and  in  that  paper  of  the  3d  September,  1814, 
there  was  a  publication  from  said  banks,  dated 
the  1st,  announcing  that  they  had  suspended 
specie  payments. 

The  day  following  the  closing  of  the  second 
contract,  I  entreated  the  Secretary  to  give 
such  instructions  to  his  subalterns  as  would 
enable  me  to  receive  stock  for  the  money  on 
its  deposit  in  banks  as  had  been  agreed,  to 
which  I  received  the  following  reply. 

"  Treasury  Department,  Sept.  3, 1814. 

"  Sir  :  Your  letter  of  the  1st  instant  has 
been  received,  proposing  to  pay  the  balance 
due  by  you  on  the  loan  of  ten  millions  on  the 
days  fixed  for  the  payment  of  the  instalments 
of  the  loan  of  six  millions. 

"I  have  consented  to  this  proposal  so  far  as 
to  permit  your  payments  to  be  received  at  the 
time  fixed  for  the  payment  of  the  first  instal- 
ment of  the  six  million  loan ;  and  as  this 
instalment,  from  circumstances  which  have 
recently  occurred,  has  been  permitted  to  be 
paid  either  on  the  10th  September,  the  day 
fixed  by  the  public  notification  in  relation  to 
this  loan,  or  on  the  20th  day  of  the  same 
month,  you  are,  in  like  manner,  authorized  to 
make  your  payments  on  either  of  those  days ; 
and  the  cashiers  of  the  banks  where  your  scrip 
certificates  were  issued  have  received  instruc- 
tions to  accept  the  payment  on  either  of  those 


"  I  am  respectfully,  sir,  your  most  obedient, 
"  G.  W.  CAMPBELL. 
"  Jacob  Barker,  esq.,  Neiv  York." 

On  receipt  of  this  letter,  I  applied  to  the 
Comptroller,  urging  him  to  give  the  necessary 
instructions;  to  which  I  received  the  following  : 
"  Treasury  Department, 
"  Comptroller's  Office,  Sept.  12,  1814. 

"  Sir  :  Your  letter  of  the  10th  inst.  was  re- 
ceived by  yesterday's  mail. 

"  The  Commissioner  of  Loans,  at  New  York, 
has  been  instructed  to  issue  funded  certificates 
of  stock,  for  sums  remaining  due  from  you  of 
the  third  and  fourth  instalments  of  the  loan  of 
ten  millions  of  dollars,  provided  payments  of 
the  same  be  made  by  you  conformably  to  your 
late  arrangement  with  the  Secretary  of  the 
Treasury  on  that  subject.     That  arrangement, 


REFUSAL   TO   ISSUE   SUPPLEMENTAL   STOCK. 


81 


however.  doe3  not  authorize  the  issuing,  in 
any  ca-?,  of  funded  stock  on  former  payments, 
on  account  of  the  said  loan,  for  the  difference 
between  the  price  at  which  it  was  taken  and 
that  on  which  a  part  of  the  six  million  loan  has 
been  recently  obtained. 

"  No  instructions,  therefore,  can,  in  the 
present  state  of  things,  be  given  from  this  office 
to  the  Commissioners  of  Loans,  to  issue  funded 
certificates  of  stock  for  the  amount  of  that 
difference. 

"  I  am,  respectfully,  vonr  obedient  servant, 
'•  NATHAN  LUFBOROUGH, 

"  Acting  Comptroller. 
u  Mr.  Jacob  Bareer,  New  York." 

Here  we  have  a  direct  refusal  to  issue  the 
suplemental  stock  due  on  the  instalments  paid, 
as  well  as  a  refusal  to  issue  stock  at  80  for  the 
money  to  be  received  for  the  balance  of  the  ten 
million  loan. 

Fatal  consequences  resulted  to  all  parties 
from  refusing  to  issue  the  supplemental  stock, 
which  government  have,  themselves,  since  de- 
cided the  parties  were  entitled  to  on  the  31st 
August.  Of  this  supplemental  stock,  I  was 
then  entitled  to  three  hundred  and  forty-nine 
thousand  sis  hundred  and  ten  dollars  and  thir- 
ty-five cents,  and  to  have  received  stock  at  80 
for  that  portion  of  the  five  millions  of  dollars, 
for  which  the  treasury  had  not  heretofore 
thought  proper  to  issue  stock  conformably  to 
the  original  agreement. 

On  reviewing  the  whole  of  this  transaction, 
it  appeared  to  me  one  of  the  most  extraordinary 
which  had  ever  occurred. 

A  nation  in  distress  for  money  to  prosecute 
a  war  involving  its  very  existence,  allowing  its 
employees  to  thwart  and  embarrass  all  its 
measures  j  a  nation  which  had  appealed  in 
vain  to  the  whole  community  through  the 
newspapers  for  loans;  pressed  on  every  side  by 
the  enemy;  expenses  rapidly  accumulating, 
hardly  able  to  feed,  clothe,  or  move  an  army. 
I  have  heard,  and  believe,  that  in  July,  General 
Izard  was  ordered  to  remove  a  portion  of  the 
forces  from  Plattsburg  to  the  Niagara  frontier, 
and  could  not,  at  that  time,  effect  the  measure 
for  the  want  of  money. 

Under  such  pressing  circumstances,  the  treas- 
ury not  only  refused  that  extension  of  public 
business,  which  might  have  commanded  any 
amount  of  funds,  but  suffered  the  most  per- 
plexing embarrassments  to  arise  in  relation  to 
the  receipts  of  money;  issuing  and  transferring 


stock  and  other  details  of  office ;  all  of  which,  I 
most  sincerely  believe,  may  be  ascribed  to  the 
employment  of  a  large  proportion  of  the  clerks 
in  nearly  all  the  departments  of  government 
who  were  politically  opposed  to  their  chief. 

The  proper  and  obvious  course  which  ought 
to  have  been  pursued,  after  making  the  con- 
tracts on  the  2d  of  May,  was  to  have  abstained 
from  all  further  negotiation  for  money  until 
another  public  offer  had  been  deemed  neces- 
sary ;  to  have  ordered  funded  stock,  beariug  the 
condition  issued  for  the  money,  as  soon  as  it 
was  furnished ;  to  have  promptly  given  one- 
third  of  the  public  business  to  approved  banks 
contributing  to  such  loan  ;  to  have  ordered  the 
notes  of  such  banks  to  have  been  received  for 
duties  and  taxes,  and  to  have  received  the 
money  contracted  for  at  such  places  as  the 
parties  wished  to  pay  it.  All  this  could  have 
been  done  without  delay,  trouble,  perplexity, 
expense  or  risk.  Had  this  been  done,  I  could 
have  borrowed  a  sufficiency  of  money  of  the 
banks  in  different  parts  of  the  United  States, 
with  my  other  resources,  to  have  supplied  the 
government  with  all  the  money  they  had  occa- 
sion for  through  the  whole  of  that  year  ;  while 
withholding  the  condition  from  the  face  of  the 
stock,  and  refusing  a  great  portion  of  the  pat- 
ronage promised,  and  by  perplexing  the  exe- 
cution of  the  contract  with  useless  forms  and 
delays,  government  disappointed  itself,  intimi- 
dated and  disgusted  many  of  its  friends,  de- 
preciated the  price  of  public  stock,  and  de- 
feated the  six  million  loan. 

The  parties  from  whom  I  had  borrowed 
money  on  a  pledge  of  stock  were  alarmed  by 
its  depreciation  and  by  the  treasury's  thus  re- 
fusing to  carry  into  effect  the  terms  upen  which 
the  loan  had  been  contracted  ;  they  demanded 
further  security  or  a  return  of  the  money. 
Withholding  the  supplementary  stock  was, 
therefore,  very  injurious;  unable  to  obtain  any 
satisfactory  reason  why  it  was  not  furnished, 
I  was  under  the  necessity  of  again  visiting 
Washington,  in  the  hope  of  being  enabled  to 
terminate  this  vexatious  concern. 

Congress  had  been  convened  for  the  especial 
purpose  of  providing  ways  and  means.  A 
national  bank  was  deemed  the  only  alternative  ; 
the  President,  Secretary  of  the  Treasury,  Secre- 
tary of  War,  and,  I  believe,  every  member  of 
the  cabinet,  had  become  convinced  that  such 


82 


LIFE   OF   JACOB   BARKER. 


an  establishment  was  absolutely  necessary  to 
sustain  the  nation,  hence  constitutional— that  it 
would  command  the  major  part  of  the  circula- 
tion of  the  United  States.  Its  bills,  being  re- 
ceivable for  taxes,  imposts,  and  for  lands,  would 
get  a  preference  over  the  bills  of  local  banks  ; 
applying  them  to  the  use  of  the  United  States, 
in  place  of  lending  them  to  individuals,  would 
furnish  the  government  with,  a  hundred  mil- 
lions of  available  funds  over  the  necessary 
amount  of  specie  for  their  redemption. 

Previous  to  my  leaving  home  a  petition  to 
Congress  for  the  establishment  of  a  national 
bank  had  been  prepared,  to  which  I  obtained 
the  names  of  many  of  our  most  respectable  and 
wealthy  citizens  of  both  political  parties,  and 
forwarded  it  to  Washington  ;  it  was  presented 
to  both  Houses  of  Congress,  and  referred  to 
the  Committee  of  Ways  and  Means. 

In  promoting  this  petition,  John  Wells,  esq., 
was  again  very  active,  as  was  Isaac  Lawrence, 
a  republican  merchant  of  great  wealth  and 
respectability. 

On  my  journey  to  Washington,  I  learned 
from  the  National  Intelligencer  that  Mr.  Camp- 
bell's bad  health  had  compelled  him  to  resign, 
and  on  my  arrival  I  was  informed  he  had  left 
the  seat  of  government  for  his  home  in  Ten- 
nessee. I  also  learned  that  his  health  during 
a  long  time  had  been  so  much  impaired  as  in 
a  great  measure  to  prevent  his  attention  to 
business.  Samuel  H.  Smith  had  been  appointed 
acting  Secretary.  I  therefore  applied  to  him, 
stated  the  hardship  of  my  case,  and  requested 
him  to  direct  the  supplementary  stock  to  be  issued. 
He  expressed  great  unwillingness  to  interfere 
in  the  business,  but  promised  to  examine  the 
case  and  ascertain  whether  anything  could  be 
done.  The  next  day  he  informed  me  that  he 
had  concluded  to  leave  it  until  a  Secretary  was 
appointed.  I  also  applied  to  the  Attorney 
General,  who  stated  that  it  would  be  improper 
for  him  to  interfere,  but  that  if  Mr.  Smith  de- 
sired his  opinion  on  any  points  relative  thereto, 
he  had  only  to  ask  it  and  it  would  be  promptly 
given.  I  also  applied  to  the  acting  Comptrol- 
ler, who  informed  me  that  he  could  do  nothing 
in  the  business  without  directions  from  the 
Secretary  of  the  Treasury.  I  met  Mr.  Sheldon 
and  mentioned  the  business  to  him  ;  he  replied, 

I  suppose  you   are  not  willing  to   give  a  re-  j 
ceipt  in  full  on  receiving  the  difference  between  I 


80  and  88."  I  informed  him  that  he  supposed 
very  right,  when  he  added,  there  must  be  an 
end  of  the  condition,  and  if  could  not  be  done 
in  any  other  way,  that  application  would  be 
made  to  Congress  to  have  the  law  repealed. 
Such  a  measure  I  thought  would  be  so  mani- 
fest a  violation  of  national  faith,  that  I  replied 
indignantly,  "  You  had  better  attempt  such  a 
thing."  Feeling  a  perfect  confidence  in  the 
honor  and  integrity  of  government,  such  an 
intimation  from  Mr.  Sheldon,  who,  I  believed, 
would  gladly  see  the  administration  disgraced, 
gave  me  no  uneasiness.  I  considered  that  the 
government  were  bound  in  honor  to  borrow 
money  under  the  law  authorizing  the  loan, 
from  time  to  time,  as  it  might  be  wanted,  and 
opportunity  presented  of  getting  it,  until  the 
whole  had  been  obtained  ;  and  that  the  stock- 
holders in  the  ten  million  loan  would  be  en- 
titled to  have  their  respective  amounts  at  the 
lowest  rates  which  should  be  allowed  for  any 
part  of  it. 

My  business  in  relation  to  the  loan  being 
thus  suspended,  I  had  leisure  to  attend  to  the 
subject  of  a  national  bank,  which  I  considered 
of  the  utmost  importance  to  the  nation.  It 
appeared  to  be  the  only  way  in  which  means 
could  be  obtained  sufficient  to  prosecute  the 
war  to  a  successful  issue.  Without  such  a  ter- 
mination I  had  not  any  expectation  of  being 
enabled  to  obtain  the  original  cost  of  my  stock. 
I  accordingly  waited  upon  the  individual  mem- 
bers of  the  Committee  of  Ways  and  Means,  to 
whom  the  petition  had  been  referred.  I  was 
informed  that  they  had  unanimously  agreed  to 
recommend  such  an  establishment,  (their  chair- 
man, Mr.  Eppes,  a  republican  member  of  Con- 
gress from  Virginia,  of  great  talents  and  purity, 
excepted,  who  was  opposed  to  it  from  consti- 
tutional grounds.)  The  Hon.  Mr.  Fisk,  of 
Orange  county,  New  York,  one  of  the  com- 
mittee, was  charged  with  preparing  a  bill. 

With  this  gentleman  I  had  several  very 
friendly  conversations  respecting  the  details  of 
a  bill  which  I  had  submitted  to  his  considera- 
tion, the  important  principles  of  which  were, 
that  the  whole  capital  should  consist  of  stock, 
with  which  the  notes  to  be  issued  by  the  bank 
should  be  redeemed  at  the  same  price  as  the 
bank  allowed  the  government  for  it,  so  long  as 
government  were  indebted  to  the  bank  more 
than  half  the  amount  of  its  capital;  no  injustice 


PROPOSALS   FOR   A   NATIONAL   BANK. 


S3 


in  this,  because  all  who  should  be  offered  the 
notes  would  know  on  what  they  had  to  de- 
pend, and  might  reject  them  if  they  chose. 
When  the  debt  should  be  reduced  below  half 
the  amount  of  the  capital  of  the  bank,  to  pay 
specie,  the  directors  to  be  left  to  procure  the 
specie  on  account  of  the  bank  ;  no  specie  to  be 
required  from  the  individual  stockholders  ;  the 
bank  to  loan  as  much  money  to  government 
as  it  should  require  ;  the  duties  and  taxes  to 
be  received  in  the  paper  of  the  bank ;  the 
mother  bank  to  be  established  in  New  York  ; 
the  first  set  of  directors  to  be  named  in  the 
bill.  I  was  very  anxious  that  no  part  of  the 
capital  should  be  required  to  be  paid  in  specie, 
because  I  apprehended  it  would  cause  paper 
money,  generally,  to  depreciate,  and  because  I 
did  not  perceive  any  advantage  likely  to  result 
from  requiring  it.  It  is  impossible  for  a  na- 
tional bank  to  relieve  government  and  pay 
specie  before  the  other  banks  in  the  United 
States  resume  such  payments  ;  and  when  they 
do  that,  the  directors  of  the  national  bank 
could  easily  supply  themselves.  My  reasons 
for  wishing  the  bank  bound  to  loan  to  govern- 
ment as  much  money  as  it  might  require  were, 
that  loans  to  individuals  might  be  restrained ; 
that  such  loans  might  not  be  subject  to  the 
caprice  of  directors ;  and  confident  that  it  would 
not  require  more  than  it  could  use  without  de- 
preciation, and  a  belief  that  the  more  the  bank 
lent  the  United  States  the  better  it  would  be 
for  the  stockholders.  I  was  also  very  anxious 
for  the  first  set  of  directors  to  be  named  in  the 
bill,  because  in  that  case  the  bank  would  go 
into  immediate  operation,  and  supply  the  pre- 
sent necessities  of  government ;  whereas,  if 
they  were  left  to  be  chosen  by  the  stockholders 
it  would  protract  that  relief  at  least  six  months, 
when  a  month's  delay  might  be  fatal  to  the  na- 
tion ;  and  because  I  was  very  unwilling  to 
leave  the  control  of  an  institution  of  so  much 
magnitude  to  chance,  lest  that  chance  should 
put  it  into  the  hands  of  our  political  enemies, 
who  might  either  refuse  to  carry  the  law  into 
effect  or  use  the  funds  of  the  bank,  when  es- 
tablished, for  political  purposes,  or  to  subserve 
the  views  of  favorites,  or  who  might  either  re- 
fuse to  place  a  branch  in  any  southern  or  west- 
ern State,  or,  if  they  placed  a  branch  there, 
appoint  our  political  opponents  to  direct  its 
affairs;    and   as  New  York   has,   in  time  of 


peace,  a  commercial  intercourse  with  the  south- 
ern States  about  ten  times  as  great  as  Phila- 
delphia, with  the  eastern  States  fifty  times  as 
great,  and  with  Europe  about  double,  I  sup- 
posed her  entitled  to  have  the  mother  bank;  for 
the  only  reason  why  it  should  not  be  placed  at 
the  seat  of  government  was  that  it  is  supposed 
necessary  to  place  it  in  a  commercial  city,  that 
its  affairs  may  be  conducted  by  merchants  and 
intermingled  with  commerce. 

While  I  was  thus  occupied,  Alexander  J. 
Dallas,  of  Philadelphia,  a  lawyer  of  great 
eminence,  was  appointed  Secretary  of  the 
Treasury,  a  triumph  of  Philadelphia  over  New 
York.  I  did  not  wish  a  Secretary  to  be  taken 
from  New  York,  and  very  much  regretted  that 
he  should  be  taken  from  Philadelphia. 

Mr.  Dallas  entered  on  the  duties  of  his  office 
on  the  13th  October,  1814,  full  of  the  notion  of 
establishing  a  national  bank  at  Philadelphia,  and 
alarmed  lest  it  should  be  located  at  New  York, 
a  vote  to  that  effect  having  passed  the  House 
of  Representatives. 

On  coming  into  office,  Mr.  Dallas  determined 
to  annul  the  condition  allowed  the  holders  of 
funded  stock  in  the  ten  million  loan. 

Immediately  after  his  installation  I  addressed 
to  him  a  letter,  of  which  the  following  is  a 
copy: 

"Washington,  October  15, 1814. 

"Respected  Friend:  I  herewith  beg  leave 
to  hand  the  draft  of  a  bill  for  the  establishment 
of  a  national  bank.  The  fourth,  tenth,  and 
twelfth  sections  contain  the  leading  features  of 
the  plan.  I  am  one  of  an  association  who  are 
now  petitioning  Congress  for  an  act  of  incorpo- 
ration for  banking  purposes,  for  whom  I  beg 
leave  to  solicit  thy  interest,  and,  at  the  same 
time,  I  take  the  liberty  of  stating  that  I  believe 
it  impossible  to  relieve  the  necessities  of  the 
nation  without  the  establishment  of  a  national 
bank,  or  without  making  paper  money  a  legal 
tender.  Adopt  either  of  these  measures  and 
we  shall  not  have  anything  to  fear,  but  every- 
thing desirable  to  expect,  from  the  continuation 
of  the  war. 

"I  represent  important  claims  on  the  govern- 
ment, which  cannot,  1  fear,  be  paid  until  the 
treasury  is  replenished,  therefore  I  do  not  wish 
to  press  these  subjects  on  your  attention  at  this 
early  period.  I,  however,  beg  leave  to  enclose 
some  letters  on  the  subject  from  the  parties 
concerned,  that  you  may  look  over  them  at 
your  leisure  ;  but  being  in  the  most  awful  dis- 
tress for  a  decision  on  the  stock  in  the  ten 
million  loan,  I  must  solicit  to  be  heard  on  that 
subject  as  soon  as  it  can  be  allowed  without 


84 


LIFE   OF   JACOB  BARKER. 


interfering  too  much  with  other  business.  The 
delay  which  has  already  taken  place  has  pro- 
duced the  worst  consequences  to  the  public 
interest,  and  little  short  of  destruction  to  me. 
The  parties  were,  in  my  opinion,  entitled  to  a 
decision  on  the  31st  August,  and  on  that  day 
I  understood  from  the  Secretary  of  the  Treasury 
that  it  was  made;  after  which,  the  first  clerk  in 
the  Treasury  Department,  Mr.  Sheldon,  infused 
doubts  and  fears  into  his  mind,  the  consequence 
of  which  was,  that  he  neither  directed  the  stock 
to  be  issued,  nor  gave  an  explanation  to  the 
parties  by  which  they  could  know  what  view  he 
took  of  "the  subject,  and  we  have,  therefore, 
been  kept  in  a  state  of  uncertainty — unable  to 
make  any  stock  operations  since  that  period 
without  the  most  ruinous  sacrifices  and  per- 
plexing conditions  to  all  contracts.  And 
nothing  is  more  easy  than  to  adjust  the  busi- 
ness to  the  satisfaction  of  all  the  parties,  and 
conformable  to  reason,  justice  and  the  public 
interest  and  convenience. 

"Very  respectfully,  I  have  the  honor  to  be 
your  assured  friend, 

"JACOB  BARKER. 
"The  Hon.  Alexander  J.  Dallas, 

"Secretary  of  the  Treasury." 

In  a  day  or  two  I  again  mentioned  the  sub- 
ject of  supplemental  stock  to  Mr.  Dallas,  when 
he  told  me  he  had  been  reflecting  upon  it,  and 
wished  to  know  when  the  condition  would  be 
closed;  I  replied,  not  until  the  whole  twenty- 
five  millions  had  been  borrowed.  He  said  that  he 
should  not  leave  it  open,  and  that  after  a  reason- 
able time  it  must  be  closed,  but  that  he  was  so 
much  pressed  with  other  business  that  he  could 
not  attend  to  the  subject  at  that  time.  His 
observations  afforded  me  considerable  uneasi- 
ness, because  I  had  fondly  calculated  that  he 
would  have  ordered  supplementary  stock  issued 
to  the  extent  of  the  admitted  difference  between 
the  two  contracts  the  first  day  he  came  into 
office.  It  appeared  to  me  to  be  so  clear  a  case, 
and  so  unconnected  with  all  other  parts  of  the 
business,  that  his  enquiring  mind  would  have 
understood  the  subject  at  first  view,  and  that 
his  usual  promptness  would  have  been  dis- 
played on  this  occasion.  If  he  had  not  any 
other  inducements  to  do  so,  I  supposed  the 
necessity  he  would  find  himself  under  of  imme- 
diately resorting  to  loans  would  urge  him  to  it, 
as  he  could  not  calculate  to  be  enabled  to 
borrow  any  more  money  while  so  large  a  por- 
tion of  the  money  lenders  considered  them- 
selves denied  common  justice.  I  was  mistaken, 
he  was  too  much  occupied  in  preparing  a  finan- 
cial plan  for  the  Congressional  Committee  of 


Ways  and  Means  to  attend  to  me.  He  very 
soon  presented  to  that  committee  his  views,  in 
which,  among  other  things,  he  recommended 
the  establishment  of  a  national  bank  at  Phila- 
delphia, presenting  a  bill  in  which  it  was  pro- 
vided that  all  directors  should  reside  at  Phila- 
delphia, or  in  its  neighborhood.  This  at  once 
convinced  me  that  the  New  Yorkers  had  not 
much  to  hope  from  the  new  Secretary. 

As  soon  as  this  bill  was  received,  the  Hon. 
John  W.  Eppes,  a  member  of  Congress  from 
Virginia,  the  chairman  of  the  Committee  of 
Ways  and  Means,  invited  me  to  a  conference 
on  the  details  of  the  bill.  On  my  pointing  out 
the  restricted  residence  of  the  directors,  he 
observed  that  it  would  be  immediately  stricken 
out.  On  the  same  day  I  enquired  from  Mr. 
Dallas  what  the  New  Yorkers  had  done  to  dis- 
qualify them  for  directing  the  affairs  of  a  bank. 
He  appeared  not  to  comprehend  the  question. 
On  being  informed  of  my  interview  with  Mr. 
Eppes  he  seemed  to  be  much  disconcerted. 

I  continued  to  urge  him  to  cause  the  supple- 
mental stock  to  be  issued.  He  replied  that  it 
was  a  very  troublesome  affair,  and  that  he 
would  refer  some  questions  respecting  it  to  the 
Attorney  General,  and  have  it  settled  as  soon 
as  possible.  The  trouble  was  how  to  get  rid 
of  the  condition,  and  to  deprive  me  of  the  bene- 
fit, past  and  future,  to  be  derived  therefrom, 
otherwise  he  would  have  left  the  stock  as  it 
was,  and  ordered  supplemental  stock  to  be 
issued  to  those  who  held  the  original  stock 
according  to  the  books  of  the  treasury  when 
the  more  favorable  terms  were  allowed,  bearing 
interest  from  the  time  the  money  was  received. 

The  Secretary  says,  among  other  things,  in 
his  statement  of  the  case,  submitted  late  in 
October,  1814,  to  the  Attorney  General  for  his 
opinion:  "There  remains  a  considerable  sum 
of  the  twenty-five  millions  of  dollars,  author- 
ized to  be  loaned,  for  which  proposals  have  not 
yet  been  invited,  but  they  probably  will  be  in- 
vited soon." 

In  place  of  continuing  to  borrow  under  the 
twenty-five  million  law,  until  the  whole  amount 
was  obtained,  he  applies  to  Congress  for  a  new 
law  authorizing  a  loan  of  three  millions  of  dol- 
lars, which  Congress  passed  on  the  loth  of  No- 
vember, limiting  its  application  to  the  precise 
purposes  to  which  the  twenty-five  million  loan 


LAW   FOR   THREE   MILLIONS   LOAN. 


85 


was  to  be  applied  ;  the  1st,  2d,  and  Sth  sections 
of  that  law  read  as  follows: 

Sec.  1.  Be  it  enacted  by  the  Senate  and 
House  of  Representatives  of  the  United  States 
of  America  in  Congress  assembled,  That  the 
President  of  the  United  States  be,  and  he  is 
hereby,  authorized  to  borrow,  on  the  credit  of 
the  United  States,  a  sum  not  exceeding  three 
millions  of  dollars,  to  be  applied,  in  addition  to 
the  moneys  now  in  the  treasury,  or  which  may 
be  received  from  other  sources,  to  defray  any 
expenses  which  have  been,  or  during  the  pres- 
ent year  may  be,  authorized  by  law,  and  for 
which  appropriations  have  been,  or  during  the 
present  jear  may  be,  made  by  law. 

Sec.  2.  And  be  it  further  enacted,  That  the 
Secretary  of  the  Treasury,  with  the  approba- 
tion of  the  President  of  the  United  States,  be, 
and  he  is  hereby,  authorized  to  cause  to  be 
constituted  certificates  of  stock,  signed  by  the 
Register  of  the  Treasury,  or  by  a  commis- 
sioner of  loans,  for  the  sum  to  be  borrowed  by 
this  act,  or  for  any  part  thereof,  and  the  same 
to  be  sold.  And  the  Secretary  of  the  Trea- 
sury shall  lay  before  Congress  an  account  of 
all  the  moneys  obtained  by  the  sale  of  the  cer- 
tificates of  stock  in  manner  aforesaid,  together 
with  the  statement  of  the  rate  at  which  the 
same  may  have  been  sold. 

Sec.  8.  And  be  it  further  enacted,  That  it 
shall  be  lawful  for  any  of  the  banks  in  the 
District  of  Columbia  to  lend  any  part  of  the 
sum  authorized  to  be  borrowed  by  virtue  of 
this  act,  anything  in  any  of  their  charters  to 
the  contrary  notwithstanding. 

On  the  same  day  that  this  law  passed,  the 
Treasury  advertised  to  borrow  under  it,  although 
the  twenty -five  million  loan  had  not  been  half 
exhausted,  proposing  to  receive  in  payment 
treasury  notes  or  approved  bank  notes. 

The  reader  will  observe  that,  by  this  new 
law,  the  suspended  Banks  of  Washington  were 
authorized  to  lend  the  whole  three  millions, 
and  as  they  had  no  specie,  and  did  not  pretend 
to  pay  specie,  the  loan  was,  of  course,  to  be 
in  their  depreciated  notes. 

On  the  22d  of  October,  he  put  in  my  hands 
an  opinion  he  had  obtained  from  the  Attorney 
General,  mentioning  that  he  had  adopted  it, 
and  would  carry  it  into  immediate  effect;  and 
stating  further,  that  he  should  require  a  re- 
lease of  all  further  abatement  from  all  the 
parties  before  he  would  give  them  the  stock ; 
the  Attorney  General  considering  that  the  con- 
dition in  the  letter  of  the  Secretary  of  the  Trea- 
sury of  the  2d  May,  1814,  to  the  subscribers 
for  the  ten  million  loan,  was  closed  on  the  31st 
August,  1814,  and  no  longer  remained  open, 


and  executory  subject  to  all  the  variations  in 
price  which  might  mark  subsequent  loans, 
until  the  whole  twenty-five  millions  should  be 
exhausted.  I  replied  to  this  that  the  Attorney 
General's  opinion  appeared  to  me  correct,  ex- 
cept with  respect  to  the  business  being  closed  ; 
and,  as  it  would  be  time  enough  to  discuss  and 
settle  that  point  if  any  more  of  the  loan  should 
be  taken  at  a  further  reduced  price,  I  presumed 
that  he  would  not  insist  upon  a  release,  assur- 
ing him  that  no  earthly  consideration  would 
tempt  the  parties  to  disgrace  themselves  so 
much  as  to  sign  an  instrument  releasing  govern- 
ment from  a  claim  which  they  considered  just, 
without  receiving  therefor  the  least  quid  pro 
quo ;  he,  however,  appeared  determined  to 
insist  upon  it.  On  the  same  day  I  presented  him 
with  a  letter,  of  which  the  following  is  a  copy: 
"Washington,  October  22,  1814. 

"Respected  Friexd:  Your  decision  this  day 
in  relation  to  the  difference  between  80  and  88, 
perfectly  accords  with  my  view  of  the  subject, 
and  with  the  expectation  of  all  the  parties,  so 
far  as  to  issuing  additional  stock  for  that  differ- 
ence to  all  those  persons,  who,  by  the  books  of 
the  several  commissioners  of  loans,  held  stock 
in  the  ten  million  loan  on  the  31st  August 
last;  but  I  am  confident  that  you,  on  reflection, 
will  not  insist  on  a  release  from  further  allow- 
ance, because  the  stock  has  repeatedly  changed 
proprietors  since  that  time,  and  a  release  from 
the  persons  who  are  entitled  to  the  present 
difference  would  not  be  binding  on  any  other 
persons,  and  it  is  totally  impossible  for  them  to 
procure  a  release  from  the  persons  who  may 
be  proprietors  when  the  next  lower  contract 
may  be  made ;  if  there  is  a  good  claim  for  the 
chance  of  a  further  abatement,  there  cannot 
be  any  reason  why  that  claim  should  be  aban- 
doned ;  if  there  is  not  any  claim  there  cannot 
be  anything  to  release.  The  government  are 
not  under  any  obligation  to  allow  any  more 
favorable  terms,  and,  if  they  do  so,  they  will 
certainly  be  aware  of  the  consequences  and 
take  their  measures  accordingly;  and,  as  no 
legal  claim  can  be  supported  against  govern- 
ment, they  have  not  anything  to  fear;  if  a  sub- 
sequent claim  should  be  made,  they  will  then 
decide  on  the  equity  thereof;  and  if,  in  the 
estimation  of  government,  equity  should  be  on 
the  side  of  the  claimants,  they  would  not  for  a 
moment  hesitate  to  conform  thereto;  and  if  it 
should  be  on  the  side  of  government,  the  claim- 
ants must  abide  a  decision  against  them. 

"  Very  respectfully,  vour  assured  friend, 
""JACOB  BARKER. 

"Hon.  Alexander  J.  Dallas, 

"  Secretary  of  the  Treasury." 

On  the  twenty-fourth,  I  called  on  the  Comp- 
troller,  and  finding  that  he  had  not  been  in- 


86 


LIFE   OF   JACOB   BARKER. 


structed  to  issue  stock  in  any  shape,  I  appre- 
hended that  new  difficulties  had  arisen.  I 
wished,  therefore,  to  obtain  a  copy  of  the  At- 
torney General's  opinion,  because  it  expressly 
stated  that  parties  were  entitled  to  supplemen- 
tary stock,  on  the  31st  of  August,  which  was 
the  grand  point  for  which  1  had  contended, 
and  justified  all  my  complaints  with  regard  to 
'its  not  being  furnished  on  that  day;  and  this 
opinion  Mr.  Dallas  told  me  he  had  adopted, 
and  should  carry  it  into  effect,  when  I  ad- 
dressed to  him  a  letter  as  follows : 

"Washington,  October  24,  1814. 
"Will  you  be  so  good  as  to  favor  me  with 
the    Attorney   General's   opinion.     I    wish  to 
take  a  copy  of  it,  and  I  will  return  it  to  you 
this  evening. 

"Yours,  truly, 

"JACOB  BARKER. 
"Hon.  A.  J.  Dallas, 

"Secretary  of  the  Treasury." 

The  copy  was  furnished,  in  which,  among 
other  things,  he  said: 

"I  believe  that  looking  to  Mr.  Campbell's 
letter  of  the  2d  May,  1814,  with  a  view  to  its 
fair  construction  on  behalf  of  the  public  credi- 
tors, the  first  lenders  are  entitled  to  the  benefit 
of  the  terms  of  the  second  loan  to  the  whole 
amount  of  their  subscriptions.  Its  language 
could  scarcely  fail  to  have  awakened  in  them 
that  expectation. 

"I  think  that  the  owners  of  the  previous 
stock,  at  the  time  the  second  loan  was  made, 
were  the  persons  entitled  to  the  additional 
stock  for  the  difference  between  the  price  of 
the  first  and  second  loans." 

A  number  of  da)'s  elapsed  without  my 
making  any  further  progress  in  the  business, 
when  I  sent  another  note  to  Mr.  Dallas,  of 
which  the  following  is  a  copy: 

"November  5,  1814. 
"Mr.  Barker  will  thank  Mr.  Dallas  if  he 
will  inform  him  if  there  is  any  chance  for  the 
order  to  issue  this  day  for  the  additional  stock. 
To-morrow  being  Sunday,  induces  him  again 
to  call  your  attention  to  this  subject,  m  the 
hope  of  avoiding  a  further  delay  of  two  days, 
which  will  take  place  if  that  question  is  not 
settled  this  day." 

To  which  I  received  an  answer,  of  which 
the  following  is  a  copy: 

"November  5,  1814. 
"The  pressure  of  public  business  has  ren- 
dered it  impossible  to  attend  to  all  the  cases 
of  the   ten   million  loan.     So  far  as  respects 
the  parties  in  whose  cases  no  difficulty  occurs 


beyond  the  execution  of  the  attorney  general's 
opinion,  I  propose  to  issue  the  necessary  in- 
structions to  the  Comptroller  on  Monday. 

"A.  J.  D." 

By  the  tenor  of  this  note  from  Mr.  Dallas 
I  observed  that  he  intended  to  proceed  to  issue 
supplemental  stock  in  the  ten  million  loan  on 
the  Monday  following  to  th6se  who  did  not 
hold  such  stock  under  my  contract. 

I  applied  at  the  Comptroller's  office,  and 
continued  my  application  daily,  without  suc- 
cess, until  the  tenth. 

In  a  conversation  with  the  acting  Comp- 
troller on  the  subject  of  the  business,  he 
assured  me  that  there  should  not  be  any  delay 
after  he  received  the  necessary  directions,  but 
that  he  could  not  do  anything  without  orders 
from  the  Secretary  of  the  Treasury.  I  desired 
him  to  speak  to  the  Secretary,  as  the  business 
appeared  to  be  neglected,  and  I  apprehended 
it  was  the  effect  of  Mr.  Sheldon's  hostility. 
Mr.  Lufborough  replied  that  it  would  be  im- 
proper for  him  to  interfere  before  he  got  orders, 
and  that  he  knew  Mr.  Sheldon  was  very  much 
opposed  to  this  business;  that  he  (Sheldon) 
told  him  that  he  had  not  only  opposed  the 
making  of  the  contract,  but  the  whole  business 
in  relation  to  its  execution,  from  beginning  to 
end.  At  this  conversation  Richard  Cutts, 
esq.,  the  brother-in-law  of  the  President,  was 
present. 

On  the  tenth  of  November,  I  met  in  the 
street  the  Hon.  Messrs.  King,  Gore,  and  Mason, 
of  the  Senate.  One  of  them  congratulated  me 
on  my  success;  1  replied  that  I  was  not  con- 
scious of  having  been  successful.  He  then 
enquired,  Why,  have  you  not  got  your  money? 
by  which  I  supposed  he  meant  the  supple- 
mentary stock.  I  informed  him  that  the  trea- 
sury had  not,  to  my  knowledge,  decided  on  the 
business.  Yes,  he  observed,  they  have  decided 
in  your  favor;  the  Secretary  has  examined 
into  the  business,  and  says  you  have  a  good 
claim.  Mr.  King  now  remarked  that  he  him- 
self had  examined  into  it  with  great  attention, 
and  that  the  case  appeared  very  clear  in  my 
favor — so  much  so,  that  he  could  not  imagine 
why  a  doubt  upon  the  subject  had  been  in- 
dulged. Nothing  further  was  done  by  me  in 
relation  to  the  loan  until  the  17th,  when  I 
called  on  Mr.  Dallas,  and  informed  him  that 
the  holders  of  funded  stock  would  not  receive 


OPINION   OF   THE   ATTORNEY   GENERAL. 


87 


the  supplemental  stock  unless  it  bore  interest 
from  the  time  they  paid  the  money  into  the 
treasury,  and  expresssd  a  wish  to  have  a 
further  conversation  on  the  subject.  He  re- 
plied, Do  you  wish  to  say  anything  more 
respecting  the  declaration  to  be  published? 
adding  that  he  had  decided,  and  could  not 
hear  anything  more  concerning  it.  I  told  him 
that  if  he  would  give  me  but  a  moment,  J 
would  confine  myself  to  the  single  question, 
When  shall  the  interest  commence? — that  I 
considered  myself  entitled  to  be  heard ;  that 
he  had  promised  to  hear  me  before  he  finally 
decided;  that  I  had  been  seven  weeks  at 
Washington  waiting  on  the  treasury  for  a 
decision;  that  he  had  been  in  office  five  weeks 
of  the  time,  and  been  so  much  occupied  that 
he  had  not  devoted  a  single  half  hour  to  hear 
my  explanations;  that  whenever  I  did  call 
upon  him  our  conversation  was  interrupted  by 
others;  and  that,  unless  he  would  set  apart  an 
hour  to  investigate  the  subject,  I  could  perceive 
no  end  to  it.  To  this  he  replied  that  he  was 
then  much  perplexed  in  relation  to  paying 
some  treasury  notes  which  were  becoming  due 
in  a  day  or  two  at  Philadelphia,  and  had  not 
time  to  attend  to  the  business  at  that  moment; 
but  that  he  was  entirely  guided  in  respect  to  it 
by  the  Attorney  General's  opinion.  I  then 
desired  him  to  state  the  question  to  the  Attor- 
ney General,  and  obtain  his  answer  that  day, 
for  I  was  in  great  distress  for  the  stock.  He 
replied,  "Take  the  original  opinion  back  to 
the  Attorney  General,  and  let  him  correct  it  if 
it  is  wrong." 

Mr.  Dallas  was  in  error  in  supposing  the 
Attorney  General  had  decided  the  point  in 
question;  the  Attorney  General's  opinion  did 
not  notice  the  subject  of  interest.  I  proceeded 
to  the  Attorney  General,  with  his  original 
opinion,  and  informed  him  that  in  making  it 
out  he  appeared  to  have  been  silent  on  that 
point.  He  took  it  back,  and,  after  entering 
into  a  critical  examination  of  the  case,  he 
made  an  endorsement  on  the  paper  containing 
bis  original  opinion,  as  follows: 

"November  17,  1814. 

"The  Secretary  of  the  Treasury  having 
further  asked  from  what  period  the  supple- 
mental stock  should  bear  interest,  I  answer 
that  I  think  interest  ought  to  commence  upon 
and  from  the  dates,  respectively,  at  which 
interest  began  to  accrue  upon  the    primary 


stock,    to    which    the     supplemental    is    the 
increase. 

"A.  RUSH,  Attorney  General:' 

On  handing  it  back  to  me  he  observed  that 
he  supposed  Mr.  Dallas  would  not  like  it;  that 
he  expected  him  to  decide  everything  accord- 
ing to  the  views  of  the  treasury,  adding, 
"Yours  is  the  hardest  case  that  has  come 
before  me  since  I  have  been  in  office.  I  wish 
I  could  do  something  for  you." 

Here  I  beg  leave  to  remark  that  the  Attor- 
ney General  always  attended  to  the  part  of  the 
business  allotted  to  him  without  the  least 
delay;  that  he  heard  all  my  explanations 
patiently;  appeared  to  regret  the  delay  which 
had  taken  place — particularly  that  the  supple- 
mental stock  had  not  been  issued  on  the  31st 
of  August;  was  prompt  in  all  his  decisions, 
and  polite  in  all  his  deportment.  I  feel  par- 
ticularly called  on  to  say  this  because  he  merits 
it,  and  because  I  differ  with  him  decidedly  in 
opinion  on  some  of  the  points  he  determined — 
in  judging  of  which,  however,  it  is  to  be  remem- 
bered that  he  is  the  law  officer  of  government, 
and  considers  himself  bound  to  decide  all 
doubtful  points  in  its  favor. 

I  returned  the  Attorney  General's  decision, 
together  with  the  opinion  he  had  just  ex- 
pressed in  relation  to  the  interest,  to  Mr. 
Dallas,  who,  after  perusing  it,  handed  it  to  Mr. 
Sheldon,  with  instructions  to  make  the  neces- 
sary alterations  in  the  letter  to  the  Comptroller. 
Mr.  Sheldon  read  it  and  observed  that  in  con- 
sequence of  the  alteration  it  would  take  an- 
other week  to  settle  the  business.  I  replied, 
"If  it  takes  another  year,  justice  must  be  done; 
and  I  will  thank  you,  Mr.  Dallas,  not  to  permit 
such  delay."  He  very  politely  answered  that 
it  should  be  attended  to  that  morning. 

Some  delay  took  place,  and  I  called  on  Mr. 
Dallas  again  on  Saturday,  when  he  informed 
me  that  a  circular  had  been  prepared  to  the 
Commissioners  of  Loans,  where  loan  offices 
were  established,  ordering  them  to  call  in  all 
the  funded  stock  in  the  ten  million  loan,  and 
to  give  in  exchange  new  certificates,  declaring 
on  their  face  that  the  suplemental  stock  had 
been  issued,  requiring  from  each  holder  a  re- 
ceipt in  full  for  the  condition,  with  the  notice 
that  it  did  not  remain  open  subject  to  the  fluc- 
tuation which  might  mark  contracts  for  further 
portions  of  the   twenty-five   million  loan,  and 


88 


LIFE    OF   JACOB   BARKER. 


that  he  had  sent  this  circular  notification  to 
the  National  Intelligencer  for  publication,  and 
that  it  would  appear  in  that  paper  on  Monday 
morning : 

"  Treasury  Department, 

"November  19,  1814. 

"  Sir  :  Enclosed  you  will  receive  a  copy  of 
the  opinion  of  the  Attorney  General  ou  the 
legal  construction  of  the  contract  or  contracts 
made  by  the  late  Secretary  of  the  Treasury  on 
the  2d  May,  1814,  for  the  loan  of  ten  millions 
of  dollars,  and  of  a  notification  issued  from  this 
office  founded  upon  it.  I  beg  leave  to  request 
that  you  will  cause  the  necessary  instructions 
to  be  given  to  the  several  Commissioners  of 
Loans  for  issuing  the  additional  stock  con- 
formably to  the  opinion  of  the  Attorney  Gen- 
eral and  to  the  said  notification. 

"  I  am,  respectfully,  sir,  your  obedient  ser- 
vant, 

"A.  J.  DALLAS. 

'■To  the  Comptroller  of  the  Treasury" 

On  the  same  afternoon  I  was  in  conversation 
on  the  subject  with  Mr.  Gholson,  a  member  of 
Congress  from  Virginia.  He  expressed  much 
regret  at  the  course  proposed  to  be  pursued  by 
the  Secretary ;  said  it  would  disgrace  the  ad- 
ministration, and  that,  although  a  poor  man, 
he  would  rather  give  a  thousand  dollars  than 
such  a  publication  should  be  made,  and  urged 
me  to  ask  of  the  President  to  interfere  to  pre- 
vent it. 

I  did  so.  The  President  expressed  much 
surprise  at  the  course  pursued  by  the  trea- 
sury; said  that  it  was  in  a  measure  indepen- 
dent of  him,  as  it  had  to  report  direct  to  Con- 
gress, therefore  he  was  very  unwilliDg  to  inter- 
fere with  the  details  of  the  department.  Yet 
the  proposed  course  seemed  to  be  so  extraor- 
dinary, that  he  would  see  Mr.  Dallas  that  even- 
ing on  the  subject,  and  he  did  so. 

Not  hearing  anything  further  on  the  subject, 
and  unwilling  that  the  circular  should  appear 
without  my  objections,  I  prepared  a  protest, 
and  took  it  to  the  office  of  the  National  Intelli- 
gencer, where  I  was  informed  that  the  circular 
had  not  been  received. 

I  waited  for  it  until  late  in  the  day,  when  I 
understood  that  if  the  notification  came  after 
that  it  would  be  too  late  for  Monday's  publica- 
tion. I  dare  not  leave  the  protest,  lest  by  some 
accident  its  publication  should  precede  that  of 
the  circular. 


Happening  to  dine  at  the  same  table  with 
Mr.  Dallas  on  the  following  day,  he  observed 
that  he  had  good  news  for  me.  I  inquired 
what  it  was.  He  said  he  had  concluded  to 
issue  the  supplemental  stock  without  requiring 
any  release  from  the  holders.  When  I  re- 
marked that  I  apprehended  that  it  was  too  late 
to  do  much  good,  that  the  publication  of  the 
Treasury  circular  which  he  had  informed  me 
the  previous  day  he  had  sent  to  the  National 
Intelligencer  would  injure  the  market  price  of 
the  stock  about  as  much  as  to  require  a  release 
from  the  holders,  he  replied  that  it  would  not 
be  published.  Not  having  any  clerks  at  hand 
on  that  day,  being  Sunday,  he  had  been  him- 
self down  to  the  printing  office  and  withdrawn 
the  circular,  and  had  it  then  in  his  pocket.  I 
inquired  of  him  what  had  brought  about  such 
a  sudden  and  wonderful  change.  He  said:  "I 
have  seen  a  friend  of  yours,  in  whom  I  have 
full  confidence,  who  understands  the  merits  of 
the  whole  transaction,  about  which  I  find  I  was 
uninformed  when  I  came  into  office."  He  de- 
clined to  tell  me  who  that  friend  was.  I  knew 
that  it  was  the  President.  On  the  following 
day  he,  through  his  clerk,  Mr.  Sheldon,  directs 
the  Comptroller  to  suspend  the  measures  for 
completing  the  execution  of  the  contract  re- 
lating to  the  ten  million  loan,  in  words  follow- 
ing: 

"  November  21. 

u  Mr.  Dallas,  late  on  Saturday,  directed  the 
measures  for  completing  the  execution  of  the 
contract  relating  to  the  ten  million  loan  to  be 
suspended.  The  Comptroller  is  requested  not 
to  issue  the  instructions  to  the  Commissioners 
of  Loans  until  further  advised  on  the  subject. 

"  D.  S." 

The  proposed  circular  notice  stating  the 
Comptroller's  plan,  thus  annulled,  not  having 
been  published,  I  cannot  give  copies.  That 
an  important  change  was  made  therein  is 
manifest  from  the  tenor  of  Mr.  Dallas's  letter 
to  the  Acting  Comptroller  on  the  following 
day,  viz : 

"Treasury  Department, 

"November  22,  1814. 
u  Sir  :  I  have  received  your  letter  dated  this 
day,  relative  to  the  execution  of  the  contracts 
for  the  ten  million  loan. 

"  When  I  arrived  at  Washington  I  attended 
to  these  contracts,  in  which  no  difficulty  oc- 
curred, as  the  contractors  had  fulfilled  their 
engagements.    It  was  in  relation  to  these  cases 


NEW   CERTIFICATES   FOR   STOCK. 


89 


that  the  opinion  of  the  Attorney  General  was 
taken. 

"  At  a  subsequent  period  I  attended  to  the 
contracts  in  which  difficulties  were  supposed 
to  exist ;  and  on  these  cases  I  submitted  the 
views  of  a  settlement  to  the  President,  who 
signified  that  he  saw  no  objection  to  the  mode 
of  settlement  proposed. 

"Of  the  Attorney  General's  opinion  and  of 
the  views  submitted  to  the  President  you  have 
copies. 

"It  is  only  necessary  to  add  that  all  the 
subscribers  to  the  ten  million  loan  are  placed 
on  the  same  footing  with  respect  to  the  instal- 
ments actually  paid;  that  the  Attorney  Gen- 
eral's opinion  is  to  be  carried  into  effect,  so  far 
as  respects  the  persons  entitled  to  the  supple- 
mental stock;  but  that  it  is  not  deemed  proper 
to  iusist  upon  a  release  before  the  supplemental 
stock  is  delivered.  In  this  last  respect  the  gov- 
ernment will  act  upon  its  rights,  without  claim- 
ing any  concession  from  the  creditors  which 
might  hereafter  be  considered  a  sacrifice  on 
their  pare. 

"  I  am,  very  respectfully,  sir,  your  obedient 
servant, 

"A.  J.  DALLAS. 

"  X.  Lufborotjgh,  esq., 

"Adiug  Comptroller." 

By  this  letter  it  appears  that  Mr.  Dallas  in- 
tended to  have  refused  supplemental  stock  to 
those  deriving  it  from  my  contract  and  giving 
it  to  others;  that  he  had  found  out  that  there 
was  not  any  cause  for  any  distinction,  and  that 
the  holders  of  funded  stock  were  all  entitled  to 
it  without  executing  a  release  for  further  issues. 

Mr.  Luffborough,  being  discomforted  by  this 
order  to  discontinue  proceedings  against  me, 
made  a  second  application  to  Mr.  Dallas,  to 
which  the  Secretary  replied  as  follows : 

"  Treasury  Department, 

"November  22,  1814. 

"Sir  :  I  have  just  received  your  second  note 
of  this  day's  date,  relative  to  the  execution  of 
the  contracts  for  the  ten  million  loan. 

"Pursuing  the  principle  that  the  corstruc- 
tion  given  to  the  contracts  by  the  Attorney 
General  is  to  be  carried  into  effect  without  im- 
pairing the  rights  or  embarrassing  the  remedies 
of  the  creditors,  I  mean  that  the  supplemental 
stock  shall  issue  in  such  form  and  manner  as 
on  the  one  hand  to  avoid  any  appearance  of 
acknowledging  at  the  treasury  that  the  con- 
tracts remain  open,  and  on  the  other  leave  the 
creditors  every  proper  facility  to  establish  here- 
after the  identity  of  the  supplemental  stock,  and 
its  connexion  with  the  ten  million  loan.  Al- 
though I  am  not  yet,  perhaps,  master  of  all  the 
details  of  office,  I  presume  the  best  mode  of 
accomplishing  the  object  which  I  have  stated 


will  be  to  leave  the  certificate  of  original  stock 
as  it  now  stands,  and  issue  a  new  certificate  for 
the  supplemental  stock  only. 
"  I  am,  &c, 

"A.  J.  DALLAS. 
"N.  LuFBOROUcn,  esq., 

" Acting  Comptroller." 

Here  Mr.  Dallas  comes  fully  into  my  views 
in  relation  to  allowing  the  existing  stock  to  re- 
main as  it  was  he  wa3  right  when  he  said  the 
"best  way  of  accomplishing  the  object  will  be 
to  leave  the  original  stock  as  it  now  stands  j" 
there  was  not  any  occasion  to  distinguish  the 
supplemental  stock  from  the  original,  and  if 
there  had  been  any,  the  word  "  supplemental" 
would  have  been  a  full  distinguishing  mark ; 
yet  he  allowed  himself  to  be  overruled  by  the 
acting  comptroller,  who  withheld  the  supple- 
mental stock  until  the  7th  of  December,  the 
date  of  his  order  for  its  issue,  although  the 
Attorney  General  decided,  on  the  22d  October, 
that  it  was  due  on  the  31st  August  to  the  then 
holders  of  the  original  stock,  which  opinion 
the  Secretary  adopted;  the  acting  comptroller 
also  insisted  on  the  surrender  of  the  original 
stock,  although  the  Secretary  said,  the  best  way 
was  to  leave  it  as  it  was,  and  otherwise  pursued 
a  course  avowing  his  object  to  be  to  destroy 
the  market  value  of  the  condition,  as  follows: 

"  Treasury  Department, 
"  Comptroller's  Office,  Nov.  24, 1814. 

"Sir:  I  take  the  liberty  of  enclosing,  for  your 
approbation,  forms  of  certificates  proposed  to 
be  printed  and  issued  to  the  holders  of  stock 
in  the  ten  million  loan,  pursuant  to  the  opinion 
of  the  Attorney  General  enclosed  to  me  in  your 
letter  of  the  19th  instant. 

"These  forms  have  become  necessary,  in  or- 
der to  carry  into  effect  that  part  of  your  letter 
to  me  of  the  22d  of  this  month,  which  requests 
that  every  proper  facility  may  be  afforded  to 
the  holders  of  certificates  in  the  above-men- 
tioned stock,  '  to  establish  hereafter  the  iden- 
tity of  the  supplemental  stock,'  (now  about  to 
be  issued  to  them,)  and  its  connexion  with  the 
ten  million  loan.  The  designation,  in  writing, 
on  the  face  of  the*  certificates  to  be  issued  for 
the  supplemental  stock,  is  made  for  no  other 
purpose  than  that  of  enabling  the  holder,  if  he 
chooses,  to  preserve  its  identity  and  its  con- 
nexion with  the  primary  stock.  The  manu- 
script addition  made  on  the  face  of  the  condi- 
tion intended  to  be  issued  in  lieu  of  the  original 
stock,  of  the  ten  million  loan  now  in  circula- 
tion, is  intended — 1st,  to  guard  the  public 
against  imposition,  by  preventing  more  sup- 
plemental stock  from  issuing,  in  any  case,  than 
is  actually  due  ;  and,  2d,  to  give  notice  to  sub- 


90 


LIFE   OF  JACOB  BARKER. 


sequent  purchasers  of  the  stock,  that  the  stipu- 
lations contained  in  the  contract  between  the 
Secretary  of  the  Treasury  and  the  original  sub- 
scribers to  the  loan  had  been  fulfilled  or  in 
other  words,  that  everything  relating  to  that 
contract,  so  far  as  respected  the  stock  in  exis- 
tence, was  deemed  at  the  treasury  to  be  settled 
and  closed.  There  is  nothing  in  this  that  can 
have  a  tendency  '  to  impair  the  rights  or  em- 
barrass the  remedies'  of  the  public  creditors 
under  the  ten  million  loan  for  further  issues  of 
supplemental  stock. 

"No  exaction  is  made  from  them  of  any  re- 
lease whatever  of  their  rights  or  claims  in  this 
respect.  Their  rights  will  still  remain  with 
themselves,  and  their  remedies  with  Congress. 
The  notification,  on  the  face  of  the  certificate, 
is  nothing  more  than  the  simple  statement  and 
exhibition  of  a  fact  which  does  exist,  and  which 
ought  to  be  known,  as  well  to  the  subsequent 
purchasers  of  the  stock  as  to  those  who  now 
hold  it — namely,  that  the  supplemental  stock, 
stated  on  the  face  of  the  certificate  to  have 
been  issued,  was  deemed  at  the  treasury  to  be  a 
full  and  complete  execution  of  the  original  con- 
tract on  the  part  of  the  government,  so  far  as 
regarded  the  amount  of  stock  to  be  issued  un- 
der that  contract.  This  information  is  already 
in  possession  of  the  agent  of  the  present  hold- 
ers of  the  stock,  or  a  great  portion  of  it.  To 
keep  it  from  subsequent  holders,  who  might 
purchase  too  under  the  impression  that  still 
further  benefits  are  to  attach  to  the  stock,  might 
subject  the  treasury,  and  with  great  reason,  to 
imputations  which  it  has  hitherto  been  free 
from,  and  which  it  never  will,  I  trust,  bejustly 
liable  to,  1  have  deemed  it  to  be  my  duty  to  be  thus 
particular  in  explaining  to  you  the  causes  for 
my  making  the  certificates  of  stock  in  the  forms 
you  see  them,  and  I  hope  this  will  be  the  last 
time  I  shall  have  occasion  to  trouble  you  on 
this  very  unpleasant  business. 
"With   &c. 

"NATHAN  LUFBOROUGH, 

"  Acting  Comptroller. 

"Hon.  Secretary  of  the  Treasury." 

The  acting  comptroller  says,  "  to  guard  the 
public  against  imposition,  by  preventing  more 
supplemental  stock  from  issuing,  in  any  case, 
than  is  actually  due."  This  is  the  most  pre- 
posterous pretence  that  could  be  penned,  the 
books  of  the  treasury  govern  the  issue,  and  the 
papers  themselves  carry  the  evidence  ;  no  addi- 
tional protection  was  necessary,  had  there  been 
any,  a  thousand  other  checks  could  have  been 
adopted,  without  infringing  the  rights  of  those 
who  had  lent  their  money. 

Mr.  Dallas  adopted  this  plan  of  the  acting 
comptroller,  and  directed  it  to  be  carried  into 
effect;  yet  nothing  was  done  for  a  week. 

In  the  hope  that  the  opinion  of  so  distin- 


guished a  lawyer  as  the  Hon.  Wm,  Pinkney, 
of  Baltimore,  late  Attorney  General  of  the 
United  States,  if  it  corresponded  with  the  view 
I  had  taken  of  the  subject,  would  have  an  in- 
fluence with  the  Secretary,  I  addressed  to  that 
gentleman  a  note  in  words  and  figures  follow- 
ing: 

"  Mr.  Barker  will  thank  Mr.  Pinkney  to  ex- 
amine the  Secretary  of  the  Treasury's  circular 
letters  of  the  2d  of  May  and  31st  of  August, 
1814,  and  inform  him  whether  the  persons  who 
had  stock  in  the  ten  million  loan,  on  the  day 
more  favorable  terms  were  allowed  for  a  por- 
tion of  the  twenty-five  million  loan,  are  entitled 
to  the  additional  stock  for  the  difference  be- 
tween 80  and  88,  or  whether  it  belongs  to  such 
persons  as  may  happen  to  hold  the  stock  when 
government  delivers  the  additional  stock.  On 
the  payment  of  the  money,  government  fur- 
nished ordinary  six  per  cent,  stock  to  the 
amount  of  one  hundred  dollars  for  each  eighty- 
eight  dollars  paid.  The  said  original  stock 
did  not  contain  any  condition  or  other  evidence 
of  its  being  entitled  to  the  benefit  of  the  addi- 
tional stock.  The  whole  question  rests  on  the 
condition  contained  in  the  Secretary's   circular 

"November  23,  1814." 

Mr.  Pinkney  replied: 

"1.  I  suppose  that  the  person  who  held 
stock  in  the  ten  million  loan  on  the  day  when 
a  part  of  the  sum  of  $25,000,000,  authorized  to 
be  borrowed  by  the  act  of  the  4th  of  March, 
1814,  was  borrowed  on  terms  more  favorable 
to  the  lenders,  was  entitled,  the  moment  such 
new  borrowing  was  effected,  to  the  benefit  of 
those  terms.  His  right  to  that  benefit,  was  per- 
fected by  the  coincidence  of  the  two  facts,  the 
borrowing  by  the  government  and  the  holding 
of  the  stock  by  him.  The  word  'then'  in  the 
letter  of  the  2d  of  Mav,  1814,  can  refer  only  to 
the  epoch  of  the  borrowing  on  terms  more 
favorable  to  the  lenders.  It  is  impossible  to 
make  it  refer  to  any  other  epoch  without  direct 
violence  to  the  whole  sentence. 

"  2.  If  the  right  to  the  benefit  in  question 
was  completely  vested  in  the  holder  of  the  stock 
in  the  ten  million  loan  as  soon  as  the  borrow- 
ing on  terms  more  favorable  to  the  lender  took 
place,  I  do  not  think  that  he  is  to  be  con- 
sidered as  having  transferred  it  by  a  new  sub- 
sequent assignment  of  the  stock  itself. 

"  The  right  to  the  benefit  is  collateral  to  the 
stock,  and  rests  upon  an  enjoyment  distiuct 
from  that  which  is  the  evidence  or  certificate 
of  the  stock.  It  is  not  made  assignable  by  the 
certificate,  as  the  stock  itself  is,  for  the  certifi- 
cate of  stock  takes  no  notice  of  it,  and  con- 
sequently does  not  even  recognize  it.  An 
assignment  of  the  stock,  before  the  borrowing 
on  the  new  terms,  would  doubtless  have  the 
effect  of  entitling  the  assiguee  to  the  benefit  of 


OPINION   OF   MR.    PINKNEY. 


91 


the  new  terms ;  but  it  would  Lave  that  effect, 
for  no  other  reason  than  that  it  would  bring 
the  assignee  within  the  collateral  contract,  by 
making  him  holder  of  the  stock  at  the  time  of  the 
borrowing  on  the  new  terms.  Such  an  assign- 
ment of  the  stock  as  would  not  make  the 
assignee  holder  of  the  stock  at  that  time  ;  or, 
in  other  words,  an  assignment  alter  that  time, 
would  not  so  bring  the  assignee  within  the 
collateral  contract,  and  would  not,  therefore, 
give  him  the  benefit  of  that  contract,  unless  it 
can  be  shown  that  this  benefit  was  by  the  cer- 
tificate of  stock  made  assignable  as  a  consti- 
tuent part  of  the  stock,  and  under  the  name  of 
the  stock,  which  cannot  be  pretended. 

"  The  engagement  of  the  Secretary  of  the 
Treasury  relates  exclusively  to  the  person  who 
should  happen  to  hold  the  stock  when  the  new 
borrowing  should  take  place;  and  the  certifi- 
cate leaves  that  engagement  exactly  as  it 
found  it.  That  person,  whoever  he  might  be, 
had,  of  course,  upon  the  instant  of  the  borrow- 
ing, a  right  to  receive  the  difference  between 
the  price  of  the  two  loans,  which  would  be  so 
complete  that  nothing  could  make  it  better. 
This  right,  arising  out  of  the  first  contract, 
existed  in  him  from  that  time,  i.  e.,  from  the 
time  of  the  new  borrowing,  independently  of 
stock  with  which  it  never  was  incorporated, 
although  the  holding  of  the  stock  on  the  day 
of  the  new  borrowing  was  made  the  condition 
of  its  existence,  and  no  subsequent  act,  amount- 
ing to  a  transfer  of  the  stock  itself  while  the 
government  delayed  to  comply  with  its  en- 
gagement, could  vary  the  right,  already  per- 
fect, to  have  that  engagement  fulfilled,  or  could 
pass  it  to  another. 

"Asfar  as  analogy  can  be  brought  to  influence 
this  question,  it  is  in  favor  of  the  claim  of  the 
holder  of  the  stock  when  the  new  borrowing 
took  place,  and  against  that  of  a  subsequent 
holder.  Interest  and  dividends  of  stock  already 
due  are  never  understood,  as,  I  believe,  to  pass 
by  the  sale  of  the  stock  which  has  produced 
them,  and  yet  interest  and  dividends  are  the 
direct  offspring  of  the  stock  and  the  sole  ob- 
jects of  it.  The  reason  is,  that  interest,  or  a 
dividend  already  due,  has  acquired  an  existence 
separate  from  the  stock  from  which  it  sprung, 
is  no  longer  dependent  upon  it,  and  has  given 
birth  to  a  new  right  to  which  the  continuance 
of  the  title  to  the  stock  itself  is  not  in  any  de- 
gree necessary.  This  reason  is  conclusive  here, 
although  if  the  rule  had  been  otherwise,  in  the 
case  of  interest  or  a  dividend,  it  would  not  have 
been  conclusive  the  other  way;  because  a  rule 
is  here  given  by  an  express  engagement  which 
one  of  the  parties  is  not  at  liberty  to  modify 
by  notions  deduced  from  supposed  analogies. 
I  am  not  aware  of  any  inconvenience  (which 
could  found  the  argument  ah  inconvenienti) 
likely  to  result  from  an  admission  of  the  claim 
of  the  holder  of  the  stock  at  the  era  of  the  new 
borrowing,  since  the  public  books  will  show 
who  was  that  holder ;  nor  can  I  perceive  that 


the  probable  intent  of  the  parties,  or  the  pro- 
priety of  the  thing,  favors  the  claim  of  a  sub- 
sequent holder.  On  the  contrary,  I  think  that 
every  consideration  which  belongs  to  the  sub- 
ject recommends  the  admission  of  the  claim  of 
him  who  held  the  stock  at  the  time  when  the 
claim  became  complete  under  the  terms  of  the 
contract  to  which  it  owes  its  being. 

"WM.  PINKNEY." 
"  November  25,  1814." 

Upon  receiving  Mr.  Pinkney's  opinion,  I 
presented  it  to  Mr.  Dallas. 

He  observed  that  he  entertained  a  high  re- 
spect for  Mr.  Pinkney's  opinion,  but  as  the 
case  was  decided,  declined  reading  it. 

New  difficulties  suggested  themselves  to  the 
treasury  officers,  which,  coming  to  my  know- 
ledge, on  the  1st  of  December  I  presented  a 
written  paper,  of  which  the  following  is  a  copy : 

"  There  is  not  a  single  reason  why  the  pre- 
sent stock  in  the  ten  million  loan  should  be 
cancelled  and  new  stock  issued  therefor,  nor  is 
there  a  single  reason  why  a  distinction  should 
be  made  between  the  new  stock  (if  new  stock 
should  be  issued  for  the  present  stock)  and  the 
supplementary  stock. 

"  Mr.  Barker  totally  objects  to  having  the 
stock  certificates  embarassed  with  ambiguous 
sentences  on  their  face.  If  a  mark  of  distinction 
is  necessary,  a  figure  or  a  letter  will  answer 
every  purpose.  He  thinks  it  is  useless  to  can- 
cel the  present  stock,  and  that  the  holders  will 
not  do  it.  When  each  loan  officer  receives  the 
order  to  issue  the  additional  stock,  he  has  only 
to  make  out  the  certificates  in  the  ordinary 
way  (in  the  ten  million  loan)  for  the  supple- 
mentary stock  in  favor  of  the  persons  who  may 
then  hold  the  stock,  and  not  suffer  any  transfer 
to  be  made  until  he  has  delivered  the  additional 
stock  to  such  persons,  which  will  effectually 
peevent  confusion,  mistake,  or  fraud,  and  gives 
full  effect  to  the  Attorney  General's  opinion." 

This  remonstrance  had  no  effect,  as  after  a 
further  delay  of  many  days  the  instructions 
which  had  been  prepared  for  the  loan  officers 
at  the  different  places  to  carry  out  the  views  of 
the  treasury  were  transmitted  to  the  proper 
officers,  as  follows : 
"circular  to  certain  commissioners  of  loans. 

"Treasury  Department, 

"  Comptroller's  Office,  Nov.  30,  1814. 

Sir:  I  enclose,  for  your  information  and 
government,  a  copy  of  a  notification,  bearing 
date  this  day,  issued  by  the  Secretary  of  the 
Treasury,  respecting  additional  stock  to  be  is- 
sued to  the  subscribers,  or  those  claiming 
under  them,  to  the  loan  of  ten  millions  of  dol- 
lars of  the  2d  May,  1814. 

"  The  additional  stock  in  question  is  to  be 
issued  to  the  persons  holding,  at  the  time  of 


92 


LIFE   OF  JACOB   BARKER. 


application  for  the  additional  stock,  scrip  cer- 
tificates, or  funded  certificates  of  stock  of  the 
aforesaid  loan  of  ten  millions  of  dollars,  and 
not  to  those  who  may  have  held  the  said  cer- 
tificates on  the  31st  of  August  last,  the  day  on 
■which  a  part  of  the  loan  for  six  millions  of 
dollars  was  taken,  unless  they  shall  also  hold 
them  at  the  time  of  application  for  the  addi- 
tional stock. 

"The  loan  of  2d  May,  1814,  having  been 
effected  at  the  rate  of  one  hundred  dollars  in 
stock  for  eighty-eight  dollars  in  money,  and 
the  loan  of  August,  1814,  having  been  made 
at  the  rate  of  one  hundred  dollars  in  stock  for 
eighty  dollars  in  money,  the  amount  of  addi- 
tional stock  which  the  holders  of  the  stock  of 
May,  1814,  are  entitled  to  receive,  is  ten  dol- 
lars on  every  hundred  dollars  of  the  stock  they 
may  now  hold.  The  additional  stock  thus  to 
be  issued  is,  in  conformity  with  the  opinion  of 
the  Attorney  General  of  the  United  States,  to 
bear  interest  from  the  same  day  as  the  original 
stock,  to  which  it  is  an  appendage.  This  fact 
will  be  ascertained  from  the  face  of  the  original 
certificate,  in  all  cases  where  no  dividend  and 
transfer  on  it  have  been  made  and  declared; 
and  in  cases  where  a  dividend  and  transfer 
have  been  made  and  declared,  by  having  re- 
course to  the  books  of  the  treasury,  or  to  those 
of  the  Commissioner  of  Loans  where  the  divi- 
dend was  declared.  You  will  be  pleased  to 
take  care  that  no  mistakes  be  made  in  regard 
to  the  commencement  of  interest  on  the  sup- 
plemental stock.  Where  the  dividends  have 
been  declared  on  books  other  than  those  of 
your  office,  you  will,  of  course,  obtain  a  certifi- 
cate of  the  fact  as  to  the  time  from  which  the 
stock  originally  bore  interest,  from  the  Com- 
missioner of  Loans  on  whose  books  the  divi- 
dend may  have  been  declared,  or,  if  declared 
at  the  treasury,  from  the  Register  of  the  Trea- 
sury. 

"Persons  possessing  a  general  and  regular 
power  of  attorney  to  transfer  stock  in  the  ten 
million  loan,  and  holding  the  stock,  are  to  be 
considered  as  entitled  to  the  additional  stock ; 
and  where  a  power  is  produced  authorizing  a 
transfer  to  a  particular  person,  that  person  is 
to  be  considered  as  entitled  to  the  additional 
stock.  In  every  case  where  the  supplementary 
stock  may  be  applied  for,  and  before  it  can  be 
delivered,  the  original  certificate  in  the  hands 
of  the  party,  at  the  time  of  such  application, 
is  to  be  surrendered  to  you,  and  cancelled; 
and,  in  lieu  of  it,  you  will  issue  a  new  certifi- 
cate for  the  same  amount,  entitled  'Funded 
six  per  cent,  stock  of  1814;  loan  of  ten  mil- 
lions of  dollars  of  the  2d  May,  1814,  on  which 
the  supplemental  stock  has  issued,'  together 
with  a  separate  certificate,  for  the  amount  of 
the  supplemental  stock,  entitled  '  Supplemental 
funded  six  per  cent,  stock  of  1814;  loan  of 
ten  millions  of  dollars  of  2d  May,  1814.' 

"On  the  original  certificate,  thus  surren- 
dered, there  must  be  an  assignment  by  the 


proprietor,  or  his  attorney,  agreeably  to  the 
forms  herewith,  marked  B.  You  will  perceive 
that  the  accounts  of  the  old  stock  are  to  be 
closed  on  your  books,  and  new  accounts  opened, 
corresponding  with  the  alteration  in  the  funded 
certificates  hereafter  to  be  issued;  a  supply  of 
which  will  be  transmitted  to  you  by  the  Regis- 
ter of  the  Treasury. 

"You  will  make  out  duplicate  abstracts  of 
the  certificates  of  supplemental  stock  issued 
by  you,  agreeably  to  the  enclosed  form,  marked 
C;  one  of  which  abstracts  you  will  forward  to 
this  office,  quarter-yearly,  and  file  the  other  in 
your  office. 

"The  separation  which  is  to  be  made  of  the 
original  and  supplemental  stock  is  done  for 
the  accommodation  of  the  holders,  to  enable 
them,  if  they  choose,  to  establish  hereafter  the 
identity  of  the  latter,  and  its  connexion  with 
the  ten  million  loan. 

"Although  it  is  intended  that  different  ac- 
counts of  the  ten  million  loan  are  to  be  opened, 
yet  the  whole  amount  on  your  books  may  be 
included  in  one  dividend. 

"For  such  scrip  certificates  of  the  loan  of 
ten  millions  of  dollars  as  may  remain  to  be 
funded,  you  will,  on  application  being  made  to 
fund  them,  issue  a  certificate  of  'Funded  six 
per  cent,  stock  of  1814,  loan  of  ten  millions 
of  dollars  of  2d  May,  1814,  on  which  the  sup- 
plemental stock  has  issued,'  at  the  rate  of  be- 
tween eighty  and  eighty-eight,  or  ten  per  cent. 
on  the  amount  of  the  original  certificate. 

"It  is  proper  to  apprize  you,  that  the  Attor- 
ney General  has  given  an  opinion  to  the  Sec- 
retary of  the  Treasury,  setting  forth,  among 
other  things,  that  the  condition  in  the  letter  of 
the  Secretary  of  the  Treasury,  of  the  2d  May, 
1814,  to  the  subscribers  for  the  ten  million 
loan,  '  attached  as  soon  as  the  second  loan 
was  made,  (the  loan  of  August,  1814;)  that, 
on  the  happening  of  that  event,  it  (the  con- 
tract) no  longer  remafined  opened  and  execu- 
tory, subject  to  all  the  variations  in  price  which 
might  mark  subsequent  loans,  until  the  whole 
twenty  five  millions  should  be  exhausted.' 
This  opinion  has  been  adopted  at  the  treasury, 
and  the  supplemental  stock,  now  authorized  to 
be  issued,  is  deemed  to  be  in  full  of  all  de- 
mands upon  the  government  for  further  issues 
of  stocks  in  the  ten  million  loan,  under  the 
contract  above  mentioned.  It  is  not  thought 
necessary,  however,  to  take  any  release  to  this 
effect  from  the  stockholders,  on  delivering 
them  the  supplemental  stock. 

"I  am,  very  respectfully,  &c, 

"NATHAN  LUFBOROUGH. 

"  To  William  Gardner,  Benjamin  Austin, 
Charles  Ellery,  Jonathan  Ball,  Wm.  Few,  Ed- 
ward Hall,  Thomas  Nelson,  Thomas  Leh're, 
Sherwood  Haywood,  William  White. 

"Note.  The  words  ' scrij)  czriificate  or' in 
the  second  paragraph,  and  the  whole  of  the 
paragraph  commencing  with  the  words   '  for 


UNSOLICITED  TREASURY  DRAFT. 


93 


such  scrip  certificates,'  were  omitted  in  the 
letters  to  the  Commissioners  of  Loans  in  Vir- 
ginia and  North  Carolina. 

By  these  instructions  the  reader  will  perceive 
that  the  holders  of  funded  stock  in  the  ten  mil- 
lion loan  are  required  not  only  to  surrender 
their  certificates,  but  also  to  assign  the  same 
to  the  United  States,  and  accept  in  lieu  thereof 
new  certificates  declaring  on  their  face  that  the 
supplemental  stock  had  been  issued.  These 
instructions  contain  also  notice  that  the  Attor- 
ney General  had  given  it  as  his  opinion  that 
the  contract  no  longer  remained  open  and  exe- 
cutory, subject  to  all  the  variations  in  price 
which  might  mark  subsequent  loans,  until  the 
whole  twenty-five  millions  should  be  exhausted; 
that  the  Treasury  had  adopted  that  opinion, 
and  that  the  supplemental  stock  then  to  be 
issued  was  deemed  to  be  in  full  of  all  demands 
on  the  government  for  further  issues  of  stock 
in  the  ten  million  loan  under  the  contract  of 
the  2d  of  May;  carefully  avoiding  to  state  that 
no  release  would  be  required,  and  that  the  rights 
of  the  holders  would  remain  with  themselves, 
and  their  remedies  with  Congress,  as  had  been 
determined  by  the  President  of  the  United 
States  and  Secretary  of  the  Treasury,  as  set 
forth  in  the  preceding  letter.  Why  withhold 
that  fact?  Could  there  have  been  any  other 
object  than  to  destroy  the  beneficial  effect  of 
the  condition  on  the  market  value  of  the  par- 
ticular stock  to  which  it  referred?  This  object 
he  distinctly  avows  to  have  in  view,  as  the 
reader  will  have  seen  in  his  letter  to  the  Secre- 
tary of  the  Treasury  dated  the  24th  of  the  same 
month. 

Being  thus  discomforted  by  the  exertion  of 
power,  I  left  Washington,  first  addressing 
through  the  columns  of  the  National  Intelli- 
gencer a  letter  to  the  parties  interested,  as  fol- 
lows: 

"Washington,  December  6,  1814. 

"Gentlemen:  The  Treasury  Department  dif- 
fers with  me  in  opinion  on  several  points  in  re- 
lation to  your  rights.  The  construction  I  put 
npon  the  contract,  being  supported  by  the  opin- 
ion of  many  professional  men  of  the  first  stand- 
ing in  theUnion,  induces  me  to  believe  the  Trea- 
sury Department  has  sanctioned  a  mistaken  view 
of  the  subject.  And  as  it  has  published  its  opin- 
ion on  an  important  point,  I  herewith  send  for 
publication  the  opinion  of  one  of  the  most  able 
professional  men  in  America  on  that  point,  whose 
reasoning  on  the  subject  appears  to  me  to  be  so 
applicable,  clear,  and  conclusive,  that  it  must 


carry  conviction  to  the  mind  of  every  unpreju- 
diced man. 

"With  great  respect,  I  have  the  honor  to  be, 
your  assured  friend, 

"JACOB  BARKER. 
"To  the  Proprietors  of  the  Stock  in  the  Tkb 

Million  Loan." 

"Navy  Department,  October  2,  1816. 

"Sir:  I  request  you  to  purchase  immediately 
for  the  account  of  the  Navy  Department  £25,000 
sterling,  say  twenty-Jive  thousand  pounds  ster- 
ling, in  undoubted  bills,  amount  of  which  shall 
be  transmitted  to  you  in  a  draft  of  the  United 
States  Treasury  Department  upon  a  bank  in 
New  York  city. 

"You  will  be  pleased  to  furnish  a  statement 
of  the  bills,  with  the  addition  of  your  commis- 
sion of  one-quarter  per  cent.,  upon  which  the 
draft  will  issue,  and  the  amount  of  bills  will  be 
passed  to  your  credit  against  the  warrant  for 
like  sum. 

"  In  case  you  cannot  procure  the  whole 
amount  at  six  and  a  half  advance,  be  pleased 
to  advise  of  the  deficiency,  that  it  may  be  pro- 
cured in  Boston. 

"  I  am,  respectfully,  sir, 

"BENJAMIN  HOMANS. 

"  By  order  of  the  Secretary  of  the  Navy. 

"Jacob  Barker,  esq.,  New  York." 

Notwithstanding  all  the  differences  of  opin- 
ion between  Mr.  Barker  and  the  treasury,  he 
so  far  retained  their  confidence  as  for  them  to 
have  sent  him,  unsolicited,  about  one  hundred 
and  seventy  thousand  dollars,  to  be  invested  in 
exchange  at  his  discretion,  as  appears  by  their 
letters,  as  follows : 

"Nayy  Department,  October  7,  181G. 

"  Sir  :  Your  letter  of  the  5th  instant,  with  its 
enclosures,  has  been  received. 

"A  warrant  has  this  day  been  issued  in  your 
favor  for  $118,G29  14,  the  probable  cost  of 
£25,000  sterling. 

"  You  will  furnish  this  department  with  a 
statement  of  the  bills  purchased  by  you  for  ac- 
count thereof,  regularly  signed,  which  will  be 
placed  to  your  credit  by  the  accountant  of  the 
navy. 

"N.  B.  It  is  necessary  that  the  endorsers 
should  be  responsible  persons. 

"I  am  very,  respectfully,  your  obedient  ser- 
vant, 

"  BENJAMIN  HOMANS. 

"By  order  of  the  Secretary  of  the  Navy. 

"Jacob  Barker,  esq.,  New  Yori:." 

"Treasury  of  the  United  States, 
"  Washington,  October  S,  I 
"Sir:  Enclosed  vou  will  find  my  draft  (No. 
6,876)  on  G.  B.Yroom, cashier, tor  81  Is. 629  14, 
the  amount  of  waraut  No.  6,073,  issued  by  the 


94 


LIFE   OF  JACOB   BARKER. 


Secretary  of  the  Navy,  on  receipt  whereof  be 
pleased  to  favor  me  with  an  early  acknowledg- 
ment, specifying  the  sum  received. 

"With  due  consideration,  I  am,  sir,  your 
obedient  servant, 

"TH.  T.  TUCKER, 
u  Treasurer  of  the  United  States. 
"Jacob  Barker,  esq.,  New  York." 

The  question  of  establishing  a  national  bank 
continued  before  Congress.  In  a  conversation 
with  the  committee  to  whom  it  had  been  re- 
ferred, I  solicited  them  to  name  the  commis- 
sioners for  New  York  in  the  bill  from  among 
the  petitioners,  naming  David  M.  Clarkson, 
John  Wells,  and  Isaac  Lawrence,  as  the  most 
suitable. 

A  national  bank  is  understood  to  be  a  mer- 
cantile establishment,  so  immediately  and  inti- 
mately connected  with  commerce  that  I  believed 
mercantile  men  were  particularly  fitted  to  su- 
perintend the  organization  of  such  an  institu- 
tion. It  was  one  of  the  few  opportunities  which 
Congress  had  of  giving  a  place  of  distinction  to 
a  merchant,  which  I  had  believed  would  induce 
them  to  do  so  in  part  without  hesitation ;  at  all 
events,  I  thought  that  so  much  of  the  business 
as  was  to  be  done  in  New  York  would  be  en- 
trusted to  distinguished  persons  who  had  been 
long  residents  there. 

The  persons  recommended  by  me  for  this 
honorable  employ  are  too  well  known  to  require 
remark;  and  as  to  those  who  were  selected  by 
Mr.  Dallas  in  preference,  they  were  not  mer- 
chants, neither  of  them  had  ever  been  a  mer- 
chant. One  is  an  inhabitant  of  Suffolk  county, 
one  of  Dutchess  county,  and  one  of  Connecticut, 
all  temporarily  in  New  York. 

Mr.  King,  chairman  of  the  senatorial  com- 
mittee to  whom  the  petition  had  been  referred, 
reported,  on  the  petition  of  Daniel  M.  Clarkson 
and  others,  citizens  of  New  York,  praying 
the  establishment  of  a  national  bank,  a  bill 
to  incorporate  the  subscribers  to  the  Bank 
of  the  United  States  of  America,  which  was 
read  and  passed  to  a  second  reading.  Not- 
standing  the  Philadelphia  feeling  against  New 
York  triumphed,  and  a  bill  passed  both  houses 
of  Congress  establishing  a  national  bank  at 
Philadelphia,  which  was  defeated  at  that  ses- 
sion of  Congress  by  the  news  of  peace,  as  the 
reader  will  soon  learn. 

On  reaching  New  York,  I  made  immediate 
application  to  the  Commissioners  of  Loans  for 


the  supplemental  stock  ordered  so  far  as  the 
original  stock  was  held  for  my  account ;  the 
system  adopted  by  the  treasury  occasioned 
so  much  labor,  that  little  was  done  before  the 
books  closed.  From  Boston  I  received  a  let- 
ter, dated  19th  December,  1814,  from  my  agent, 
which  stated  that  the  Treasury  Department  had 
not  yet  furnished  the  Commissioner  of  Loans 
at  that  place  with  the  blanks,  nor  pointed  out 
to  him  the  mode  of  proceeding;  therefore,  I 
shall  have  to  wait  until  after  new  year  for  the 
principal  part  of  my  supplementary  stock,  and 
another  quarter  before  I  can  receive  the  in- 
terest due  on  a  large  amount  thereof;  a  further 
difficulty  was  experienced  by  its  having  been 
made  necessary  to  procure  the  return  of  all  the 
stock  sent  to  Europe,  with  powers  of  attorney 
from  the  holders  of  stock  in  Europe,  before  the 
supplemental  stock  could  be  obtained  thereon. 
That  which  I  sent  could  not  be  sold  in  Eng- 
land, as  will  be  seen  by  the  following: 
[Extract.] 

"London,  December  23,  1814. 
"  We  cannot  express  to  you  the  pain  and 
trouble  of  mind  your  sending  to  us  stock  of  the 
new  loan  (raised  by  your  government  for  the 
sole  purpose  of  carrying  on  a  war  against  this 
country)  has  occasioned  us. 

"  We  shall  return  you  the  stock  as  it  came, 
not  daring  to  entrust  it  to  any  notary  for  the 
regular  documents,  as  it  would  disclose  the 
affair  ;  this  letter  may  enable  you  to  obtain 
the  transfer. 

"  Your  obedient  servant, 

"J.  J.EVANS  &  CO., 
"  THOMAS  MULLET." 

Secretary  Campbell,  in  his  report  to  Con- 
gress, on  the  23d  September,  1814,  says : 

"  Moneys  have  been  heretofore  obtained  by  the 
United  States,  on  loan,  in  Europe,  upon  favor- 
able terms,  and  the  punctuality  and  fidelity 
with  which  they  were  repaid  has  established 
its  credit  there  on  a  firm  and  respectable  foot- 
ing ;  it  was  determined,  in  consequence  of  the 
difficulties  experienced  in  obtaining  at  home 
the  sums  required  for  the  public  service,  to  try 
the  market  in  that  quarter ;  to  effect  this  pur- 
pose, the  requisite  powers  and  instructions 
have  been  given  for  negotiating  a  loan  for  six 
millions  of  dollars,  as  a  further  part  of  the  loan 
of  twenty-five  millions  authorized  by  the  act  of 
24th  March  last ;  and  in  order  to  facilitate  this 
object,  six  per  cent,  stock  to  that  amount  has 
been  constituted  and  transmitted  with  direc- 
tions for  its  sale,  if  that  shall  be  found  the 
most  advantageous  for  obtaining  the  money." 

No  money  was  obtained  in  Europe,  the  effort 


FIVE   MILLIONS   LOANED   IN   ONE   YEAR. 


95 


to  sell  the  stock  there  shared  the  fate  which 
attended  my  efforts  in  that  direction. 

Secretary  Dallas,  in  his  report  to  Congress, 
says,  that  three  millions  had  been  borrowed 
under  the  law  of  November  loth",  1814. 

I  have  not  been  able  to  ascertain  the  facts 
attending  this  loan,  probably  obtained  on  simi- 
lar terms  as  those  allowed  on  the  31st  of 
August ;  and  it  is  believed  that  Mr.  Dallas 
sold  some  stock  in  the  ten  milion  loan  at  80, 
receiving  therefor  the  depreciated  paper  of 
the  banks  of  Washington.  These  terms  being 
the  same  as  those  allowed  on  the  31st  August, 
enabled  the  Secretary  to  say,  on  the  18th  Feb- 
ruary, 1820,  in  reply  to  an  enquiry  by  the  Sen- 
ate in  relation  to  Mr.  Barker's  petition,  "  that 
no  money  was  raised  by  loan  under  the  act 
authorizing  a  loan  of  twenty-five  millions  of 
dollars,  subsequent  to  the  31st  of  August,  1814, 
upon  terms  more  favorable  to  the  lenders  than 
the  loan  of  2d  May,  1814;"  in  place  of  which 
he  should  have  stated  the  terms  upon  which 
all  the  loans  had  been  made  ;  had  he  done  so, 
the  treasury  would  have  been  deprived  of  the 
pretence  that  it  did  not  know  of  the  deprecia- 
tion when  it  made  the  contract  on  the  31st  of 
August.  This  pretence,  not  applying  to  trans- 
actions after  Mr.  Dallas  came  into  power, 
which  was  more  than  six  weeks  after  the  fail- 
ure of  the  banks,  even  if  the  fact  had  been  as 
thus  assumed,  it  could  not  avail  anything;  as  a 
protection  intended  to  have  been  given  by  the 
condition  was,  that  the  contractors  for  the  ten 
million  loan  should,  at  all  times,  be  enabled  to 
go  into  the  market  on  equal  terms  with  the 
contractors  for  any  other  part  of  the  twenty- 
five  million  loan. 

Whether  the  depreciated  paper  was  origi- 
nally contracted  for,  or  subsequently  accepted 
by  the  treasury,  it  had  the  same  effect  on  the 
market  price  of  stock. 

That  the  holders  of  the  stock  in  the  ten  mil- 
lion loau  are  not  on  a  par  with  those  who  made 
subsequent  contracts  is  manifest;  the  latter 
could  sell  stock  at  60  in  Boston,  purchase  bro- 
ken bank  notes  at  a  discount  of  20  per  cent., 
obtain  from  the  treasury  stock  therefor  at  80, 
and  make  a  profit  by  the  operation  of  10  per 
cent.,  while  the  contractors  for  the  ten  million 
loan,  if  they  settled  at  80,  would  lose  10  per 
cent. 

When    I  contracted,   I   did    not    take   ad- 


vantage of  the  distresses  of  the  nation  and 
squeeze  hard  terms  out  of  the  government.  I 
did  not,  as  I  might  fairly  have  done,  say,  "you 
must  now  allow  me  seventy-five  or  eighty;  you 
shall  not  have  my  money  without  you  do  so  j 
none  others  have  offered  it,  and  your  distresses 
are  such  as  will  compel  you  to  agree  thereto;" 
in  place  of  which  I  accepted  of  the  Secretary's 
own  proposition,  88,  with  the  condition,  although 
that  was  above  the  market  price,  knowing  that 
if  the  anticipated  peace  took  place,  the  con- 
dition would  be  valueless. 

I  had  not  the  power,  and  therefore  did  not 
make  offers  for  the  six  million  loan.  I  had 
lent  all  the  money  I  could  raise,  as  it  were, 
without  price,  saying,  "go  all  over  the  world 
and  borrow  money  for  the  residue  of  your 
wants  on  the  best  terms  in  your  power,  and  I 
will  be  satisfied  with  your  allowing  me  the 
same  terms  you  allow  to  others."  This  was 
agreed  to,  the  experiment  made,  and  now,  after 
I  have  run  all  the  risks,  the  benefits  thereof 
are  withheld. 

When  the  second  contract  was  made,  Wash- 
ington had  been  the  previous  week  destroyed  ; 
the  cabinet  dispersed ;  Baltimore  besieged ; 
New  York  and  Philadelphia,  and  many  other 
places  expecting  an  attack  ;  an  immense  force 
invading  Plattsburg ;  our  whole  coast  block- 
aded ;  our  merchants  in  the  most  awful  dis- 
tress ;  the  treasury  nearly  empty,  and  scarcely 
able  to  feed  and  clothe  the  men  called  in  from 
the  country  to  defend  the  aforementioned  ci- 
ties; the  recollection  of  these  things  should  at 
least  have  protected  Mr.  Campbell  from  cen- 
sure. A  fair  opportunity  was  given  to  every 
individual  in  the  nation  to  have  lent  the  money 
on  terms  more  favorable  to  government,  if  they 
had  thought  proper  to  have  done  so. 

When  it  is  considered  that  within  less  than 
one  year  I  paid  into  the  treasury  more  than  five 
millions  of  dollars,  in  specie  or  its  equivalent,  I 
hope  that  the  magnitude  of  the  amount,  and  the 
difficulty  of  raising  money  during  that  year,  will, 
in  the  estimation  of  the  public,  entitle  me  to  the 
creditof  having  not  only  made  every  exertion  in 
my  power  to  promote  the  general  welfare,  but 
of  having  performed  as  much  as  was  possible  for 
any  individual  to  have  done  under  similar  cir- 
cumstances ;  and  I  hope  that  those  who  are  inter- 
ested with  me  in  the  question  will  be  satisfied 
that  I  understood,  and  did  not  shrink  from  vin- 


96 


LIFE   OF   JACOB   BARKER. 


dicating  their  rights.  I  am  of  the  opinion  that 
Mr.  Dallas  will  do  me  the  justice  to  say  that  I 
pressed  the  claims  of  the  parties  with  zeal.  The 
difficulties  he  has  had  in  his  endeavors  to  bor- 
row the  trifling  sums  wanted,  to  pay  a  single 
quarter's  interest,  will  give  him  a  little  idea  of 
the  difficulties  I  had  to  overcome  in  procuring 
so  large  au  amount. 

Since  writing  the  preceding,  I  received  ad- 
vice from  Philadelphia,  that  the  Secretary  of 
the  Treasury  had  not  been  enabled  to  borrow, 
at  that  place,  the  trifling  sum  necessary  to  pay 
the  quarter's  interest  due  on  stocks  on  the 
books  of  Pennsylvania  the  first  of  the  present 
month,  and  therefore,  that  he  could  not  pay  it, 
except  in  Baltimore  paper  money,  which  I  de- 
sired my  agents  to  receive,  as  I  wished  to  invest 
the  amount  in  specie  to  enable  me  to  place  my 
stock  in  the  bank  which  CoDgress  are  about 
establishing.  They  accordingly  received  pay  in  a 
draft  on  Baltimore,  of  which  the  following  is 
a  copy : 

"Bank  of  Pennsylvania,  Jan.  5, 1815. 

["No.  14,] 
"  Cashier  of" the  Mechanics1  Bank,  Baltimore, 
"  Pay  to  the   order  of  Jacob  Barker,   esq., 

fifteen  hundred  seventy-six  3-100  dollars,  to  be 

paid  in  the  notes  of  said  bank. 

"JON.  SMITH,  Cashier:1 

"$1570  3-100." 

This  draft  I  put  into  the  hands  of  my  broker 
for  sale,  with  orders  to  invest  the  amount  in 
specie.  After  he  had  made  the  necessary  en- 
quiry, he  informed  me  that  he  could  not  sell  it 
for  less  than  seven  per  ceut.  discount,  payable 
in  New  York  bank  paper;  and  that  for  such 
paper  he  could  not  purchase  specie  for  less 
than  twenty  per  cent,  premium;  inconsequence 
of  which,  and  understanding  that  I  could  do 
better  at  Philadelphia,  I  took  back  the  draft 
and  returned  it  to  that  place,  with  orders  to 
convert  it  into  specie ;  which  was  done  on 
such  terms,  as  for  the  fifteen  hundred  and  sev- 
enty-six 3-100  dollars,  due  in  specie  from  gov- 
ernment, I  have  received  only  twelve  hundred 
and  sixty  33-100  dollars,  which  is  a  conclusive 
exemplification  of  the  difference  between  the 
depreciated  paper  which  government  received 
for  their  contract  of  the  31st  August,  1814,  and 
the  money  which  they  received  for  the  ten  mil- 
lion loan. 

Mr.  Barker,  being  unable  to  procure  from  the 
treasury  a  settlement  of  the  several  questions 


which  had  arisen  under  his  contract  of  the 
2d  May,  1814,  petitioned  Congress,  which  pe- 
tition was  referred  by  the  Senate  to  Wm.  H. 
Crawford,  the  then  Secretary  of  the  Treasury, 
to  which  he  responded  on  the  18th  of  Febru- 
ary, 1820,  saying,  among  other  things: 

"  Without  determining  that  the  construction 
given  by  the  Attorney  General  to  the  terms  of 
the  loan  of  the  2d  May,  1814,  was  correct,  it 
was  an  act  of  justice  to  the  community  to  make 
it  known  as  soon  as  it  was  formed.  So  long  as 
the  expectation  should  be  entertained,  that  a 
loan  might  be  negotiated  more  unfavorable  to 
the  government  than  those  which  had  been  pre- 
viously obtained,  the  price  of  the  stock  to 
which  the  contingency  was  attached  would  be 
affected  by  the  possibility  of  its  occurring." 

Here  is  a  distinct  admission  that  the  treasury 
was  aware  of  the  effect  of  its  measures  on  the 
market  price  of  stock,  and  of  their  designing 
to  destroy  the  value  of  the  condition  allowed 
for  the  ten  million  loan. 

The  reader  will  observe  how  carefully  Mr. 
Crawford  avoided  ratifying  the  previous  action 
of  the  treasury. 

The  committee  to  whom  it  was  referred,  not 
having  been  furnished  by  the  treasury  with  all 
the  facts  of  the  case  which  appeared  on  the 
records  of  the  department,  came  to  the  conclu- 
sion that  the  ten  per  cent,  supplementary  stock 
had  been  accepted  in  full  satisfaction  of  all 
claims  which  had  arisen  from  the  condition. 

The  delay  in  the  settlement,  with  other  disap- 
pointments in  the  financial  and  commercial  af- 
fairs of  Mr.  Barker, imposedonhim  the  necessity 
of  making  an  assignment,  following  up  the  claim 
by  another  petition  to  Congress,  furnishing  evi- 
dence from  the  treasury  books,  that  receiving 
the  ten  per  cent,  supplemental  stock  was  not  to 
be  considered  a  full  settlement  of  the  question; 
on  the  contrary,  that  it  was  agreed  that  the 
rights  of  a  further  issue  should  remain  with  the 
holders  of  funded  stock,  and  their  remedies 
with  Congress;  which  petition  was  also  referred 
to  a  committee,  who,  in  their  report  say,  in 
effect,  that  the  petition  disclosed  the  fact  of  the 
assignment,  therefore  Mr.  Barker  had  no  right 
to  petition.  A  strange  conclusion  this ;  had  the 
prayer  been  granted,  provision  could  have  been 
made  for  the  payment  to,  or  the  consent  of,  the 
assignees  ;  beyond  this,  the  assignment  did  not 
change  the  relation  of  the  parties  to  each 
other. 

A  petition  was  presented,  by  the  assignees,  to 


PETITION    OP    ASSIGNEES    TO    CONGRESS.. 


97 


a  subsequent  Congress,  giving  a  succinct  his- 
tory of  the  affair,  in  which  they  remarked, 
among  other  things,  that — 

"  The  former  committee  do  not  appear  to 
have  noticed  in  their  report,  that  the  paper  re- 
ceived by  the  treasury,  in  fulfilment  of  the 
second  contract  for  the  ten  million  loan,  was 
dishonored  and  depreciated,  not  only  below  the 
specie  standard,  but  greatly  below  the  value  of 
New  York  bank  notes,  on  which  rests  princi- 
pally the  claim  of  your  memorialists. 

u  Whether  Mr.  Barker,  by  his  insolvency,  lost 
the  right  of  petitioning  your  honorable  body,  a 
right  secured  to  all  by  the  constitution,  cannot, 
in  the  opinion  of  your  memorialists,  affect  the 
intrinsic  merits  of  the  question,  since  his  credi- 
tors cannot  be  considered  also  to  have  been 
disfranchised  by  the  "  fact  disclosed  ;"  which 
fact  is  of  public  record,  and  could  not  have 
happened  without  a  previous  notice  of  many 
weeks  in  the  newspapers  at  this  place  and  at 
Albany,  according  to  the  law ;  and  if  it  was 
otherwise,  it  is  believed  that  when  your  honora- 
ble body  reflect,  that  if  the  stock  which  became 
due  to  Mr.  Barker  on  the  olstof  August,  1814, 
had  been  issued  to  him,  his  insolvency  could 
not  have  happened ;  and  that  as  soon  as  your 
honorable  body  cause  it  to  be  issued,  it  will  re- 
lieve him  therefrom,  you  will  not  consider  his 
having  assigned  his  effects  for  the  benefit  of 
his  creditors,  and  that  his  person  might,  under 
the  benign  influence  of  our  laws,  be  exempt 
from  imprisonment,  as  furnishing  a  valid  objec- 
tion to  a  claim  otherwise  founded  in  the  immu- 
table principles  of  justice,  as  defined  by  the 
unvarying  laws  of  this  land. 

"In  justification  of  Mr.  Barker's  having  pe- 
titioned, it  may  not  be  deemed  amiss  to  state 
that  at  the  time  he  petitioned  he  held  the  power 
of  attorney  of  the  assignee  under  the  law  to 
collect  and  hand  over  all  monies  due  him  at 
the  date  of  his  surrender  under  the  aforesaid 
law  of  this  State ;  and  that  he  held  then,  and 
still  holds,  a  very  great  equitable  interest  in 
the  said  claim ;  the  same,  by  the  aforesaid  con- 
struction, amounting  to  more  than  ten  times 
as  much  as  all  the  existing  claims  against 
him. 

"Upon  the  whole,  your  memorialists,  respect- 
fully requesting  that  yonr  honorable  body  will 
take  into  consideration  all  the  facts  and  circum- 
stances relating  to  the  case  in  question,  and 
that  they  will  either  authorize  the  Attorney 
General  to  agree  to  a  statement  of  facts,  to  be 
submitted  to  the  Supreme  Court  of  the  United 
States,  to  be  decided  by  the  same  principles  of 
law  and  equity  as  if  they  had  occurred  between 
individuals,  or  that  they  will  grant  such  other 
relief  as  may  be  equally  calculated  to  sustain 
the  character  and  dignity  of  the  nation.  And 
they  humbly  pray  your  honorable  body  to  bear 
in  mind  the  declaration  under  which  that  part 
of  the  supplemental  stock  due  which  has  been 


k 


issued  was  delivered  to  the  holders  of  stock  in 
the  ten  million  loan,  which  was,  as"Set  forth  in 
the  Comptroller's  letter  of  the  22d  of  Novem- 
ber, 1814,  that  'their  rights  (for  the  residue) 
will  still  remain  with  themselves,  and  their 
remedies  with  Congress.1 " 

"And  your  memorialists,  as  in  duty  bound, 
will  ever  pray. 

"RICHARD  R.  WARD, 
"FITZ   G.  HALLECK, 
"JACOB    LITTLE." 

This  petition  was  referred  to  the  Judiciary 
Committee  of  the  House  of  Representatives,  on 
which  no  satisfactory  action  was  had  until 
1834,  when  Mr.  Barker  asked  and  obtained 
permission  to  appear  before  it.  He  did  so, 
accompanied  by  the  Hon.  Abijah  Mann,  a 
member  of  Congress  from  New  York.  His  ex- 
planations induced  the  committee  to  call  on 
the  treasury  for  information.  The  Secretary 
of  the  Treasury  and  Comptroller  responded  as 
follows  : 

"  Treasury  Department, 
"  Comptrollers  Office,  Jan.  G,  1835. 
"  Sir:  I  have  the  honor  to  state,  in  answer  to 
the  inquiries  contained  in  the  Hon.  Mr.  Foster's 
letter  to  you  of  the  30th  ultimo,  and  referred 
by  you  to  me,  that  there  does  not  appear  in  this 
office  any  other  information  on  the  subject  of 
Mr.  Barker's  claim  than  what  is  embraced  in 
the  pamphlet  accompanying  the  letter.  There 
are  no  documents  on  file  which  go  to  show 
that  'the  government  knew  that  the  District 
and  Baltimore  bills,  which  it  agreed  to  receive 
at  par,  were  depreciated  at  the  time  of  the  loan 
negotiated  by  D.  A.  Smith  on  30th  of  August, 
1814.' 

"I  herewith  return  to  you  the  letter  and  pam- 
phlet. 

"  I  have  the  honor  to  be,  very  respectfully, 
your  obedient  servant, 

"JOS.  ANDERSON, 
"  Comptroller. 
"  The  Hon.  Levi  Woodbury, 
"Secretary  of  the  Treasury." 


"  Treasury  Department, 

''''January  27,  1  -    >. 

"Sir:  In  reply  to  your  communication  en- 
closing '  the  statement  of  Jacob  Barker  rela- 
tive to  the  ten  million  loan  of  May  2,  1814,'  I 
have  the  honor  to  inform  you  that  there  is 
nothing  on  file  in  this  department  which  will 
throw  any  additional  light  on  the  claim  of  Mr. 
Barker. 

"  There  is  nothing  in  the  records  on  files  of 
this  office  to  show  that  at  the  time  this  loan 
was  negotiated  by  I).  A.  Smith  the  District  and 
Baltimore  bills,  which  the  government  agreed 


98 


LIFE   OF   JACOB   BARKER. 


to  receive,  were  depreciated  here.  I  transmit 
herewith  a  report  from  the  Comptroller,  which 
states  there  are  no  documents  in  his  office  to 
show  that  the  government  were  aware  of  any 
such  depreciation. 

"  I  am,  very  respectfully,  your  obedient  ser- 
vant, 

"LEVI  WOODBURY, 
u  Secretary  of  the  Treasury. 
"  Hon.  Thos.  F.  Foster, 

"  Chairman  Com.  on  the  Judiciary, 

" House  of  Representatives." 

These  letters  admit  the  receipt  of  the  depre- 
ciated paper  and  the  accuracy  of  Mr.  Barker's 
statement,  placing  the  defence  of  the  treasury 
on  the  supposition  that  it  did  not  know  of  the 
depreciation  when  they  contracted  on  the  31st 
August.  Whether  they  knew  or  not,  as  before 
stated,  was  not  material ;  it  was  the  receipt  of 
the  depreciated  paper  at  par  and  giving  stock 
for  it  at  eighty  which  constituted  the  claim.  If  it 
was  not  known  when  the  contract  was  made, 
it  was  known  before  the  instalment  days  came 
round,  the  last  of  which  was  the  10th  of  De- 
cember, when  Mr.  Dallas  had  been  near  two 
months  in  office.  A  great  proportion  of  this 
depreciated  paper  was  received  by  him  ;  con- 
sequently immaterial. 

However,  that  the  treasury  did  know  of  the 
depreciation,  when  it  contracted  on  the  31st 
August,  is  as  manifest  as  noonday  light. 

The  Secretary  of  the  Treasury  writes,  on  the 
the  17th  October,  1814,  in  answer  to  a  letter 
of  inquiry  from  John  W.  Eppes,  chairman  of 
the  Committee  of  Ways  and  Means  : 

"The  benefits  even  of  this  paper  currency  is  in 
a  great  measure  lost,  as  the  suspension  of  pay- 
ments in  specie  at  most  of  the  banks  has  sud- 
denly broken  the  means  of  accommodation 
that  previously  extended  the  credit  and  the 
circulation  of  the  notes  which  were  emitted  in 
one  State  into  every  State  of  the  Union. 

•■'It  may,  in  general,  be  affirmed,  therefore, 
that  there  exists  at  this  time  no  adequate  cir- 
culating medium  common  to  the  citizens  of  the 
United  States. 

"The  mouied  transactions  of  private  life  are 
at  a  stand,  and  the  fiscal  operations  of  the 
government  labor  with  extreme  inconvenience." 
— (See  Book  of  Finance,  vol.  2.  page  366.) 

Mr.  Barker  set  about  procuring  information 
to  satisfy  the  committee  on  that  point;  he  being 
under  the  necessity  of  leaving  Washington  for 
New  Orleans  before  the  proofs  were  received, 
Mathew  St.  Clair  Clarke,  esq.,  clerk  of  the  House 
of  Representatives,  undertook  to  perform  this 


service.  The  sickness  and  absence  of  witnesses, 
with  a  press  of  other  business,  prevented  its 
being  done  in  season  for  the  committee  to  re- 
port before  the  adjournment  of  Congress.  Mr. 
Barker  has  been  informed  that  they  were 
unanimously  of  the  opinion  that  he  had  made 
out  a  very  strong  case,  on  which  subject  the 
deposition  of  D.  A.  Smith,  esq.,  and  sundry 
letters,  were  received,  which  are  as  follows  : 

"Uxited  States  of  America,  )  , 

"  State  of  Maryland,         j  t0  Wlt : 

"I,  John  Gill,  notary  public  by  letters  patent 
under  the  great  seal  of  the  State  of  Maryland, 
commissioned  and  duly  qualified,  residing  in 
the  City  of  Baltimore,  in  the  State  aforesaid, 
do  hereby  certify,  attest  and  make  known,  that 
on  the  day  of  the  date  hereof  before  me  per- 
sonally appeared  Dennis  A.  Smith,  of  Balti- 
more county,  in  the  State  of  Maryland,  and 
made  oath  on  the  Holy  Evangely  of  Almighty 
God,  that  he  resides  in  Baltimore  county,  in 
the  State  aforesaid ;  that  on  or  about  the  30th 
August,  1814,  he  contracted  with  the  Secretary 
of  the  Treasury  to  loan  to  the  United  States 
the  sum  of  one  million  eight  hundred  thousand 
dollars,  being  part  of  the  25  million  of  dollars 
authorized  to  be  borrowed  by  the  act  of  Con- 
gress of  the  24th  March,  1814,  for  which  sum, 
to  be  loaned  by  deponent  to  the  United  States, 
he  was  to  receive  six  per  cent,  stock  to  the 
amount  of  $100  for  each  $80  paid;  and  it  was 
further  understood  and  agreed  between  the 
Secretary  of  the  Treasury  and  him  (deponent,) 
that  he  (deponent)  should  pay  for  the  same  in 
paper  of  ihe  Banks  of  the  District  of  Colum- 
bia, and  of  the  Banks  of  the  City  of  Baltimore, 
which  banks  their  own  paper  at  par ;  and  it 
was  further  agreed  that,  on  producing  the  pro- 
per evidence  of  the  payment  of  the  said  sum 
of  one  million  eight  hundred  thousand  dollars 
to  the  Commissioner  of  Loans  of  the  United 
States,  funded  stock  to  the  amount  of  $100,  bear- 
ing interest  of  six  per  cent,  per  annum,  should 
issue  for  each  $80  of  the  paper  of  the  said 
banks,  the  one  million  eight  hundred  thousand 
dollars  aforesaid,  and  did  receive  therefor 
funded  stock  to  the  amount  of  two  millions 
two  hundred  and  fifty  thousand  dollars ;  that 
the  said  banks  in  whose  paper  this  deponent 
paid  the  said  one  million  eight  hundred  thou- 
sand dollars  did  not,  at  the  time  deponent  so 
paid,  redeem  their  notes  with  specie ;  that  the 
bank  notes  paid  by  deponent  to  the  Secretary 
of  the  Treasury  were,  at  least,  twenty  per  cent, 
below  the  par  value  of  silver  and  gold,  and 
that  fact  was  well  known  to  the  Secretary  of 
the  Treasury,  and  was  a  matter  of  notoriety,  of 
which  an  act  having  been  ot  me  requested,  I 
have  granted  these  presents  to  serve  and  avail 
as  need  and  occasion  may  require. 

"In  testimony  whereof,  the  said  appearer  has 
hereunto  subscribed  his  name,  and  1,  the  said 


DEPRECIATION  OF  PAPER  CURRENCY. 


99 


notary,  have  hereunto  set  my  hand  and  affixed         "Hoping  to  hear  from   you,  I  am  your  obe- 
my  notarial  seal  the  11th  day  of  March,  1835.  I  dient  servant, 

"D.  A.  SMITH.  "M.  ST.  CLAIR  CLARKE. 

"JNO.  GILL,     [l.  s.]i      "Jacob  Barker,  esq." 
"Notary  Public" 


"January  26,  1835. 

"My  Dear  Sir:  I  have  intended  to  do  my- 
self the  honor  of  calling  at  your  house  for 
three  or  four  days,  in  respect  to  the  subject  of 
your  note  of  the  19th  current,  but  a  multi- 
plicity of  engagements  have  prevented. 

"I  am  informed  that  the  Judiciary  Commit- 
tee have  decided  substantially  in  favor  of  Mr. 
Barkers  claim,  but  they  wish  to  have  proof 
that  the  government  not  only  contracted  for  a 
subsequent  loan  on  betters  terms,  but  that  they 
knew  beforehand  that  the  paper  they  were  to 
take  was  below  par  when  they  contracted. 

"This  I  presume  can  be  furnished. 

"It  is  proper  for  me  to  reserve   my  own 
opinion  upon  the  merits  of  the  matter. 
"Yours,  respectfully, 

"A.  MANN,  jr. 


"Washington-,  February  10,  1835. 

"Dear  Sir:  The  very  papers  which  I  urged 
you  to  leave  with  me  have  become  the  turning 
point  with  the  committee. 

"The  deposition  of  Dennis  A.  Smith  going 
to  establish  the  fact  that  the  paper  received 
from  him  in  payment  of  his  loan  was  below 
par.  and  the  banks  not  paying  specie. 

"Prime,  Ward  and  Sands'  certificate,  &c, 
&c.  Mr.  Foster  has  called  on  me  for  proof 
that  when  the  Secretary  took  up  the  loan  from 
Smith,  he  knew  that  the  paper  agreed  to  be 
received  was  below  par. 

"  To  this  I  answered,  that  to  convict  him  of 
the  actual  knowledge  was  impossible;  but  if  I 
proved  the  fact  to  be  so  notorious  that  it  was 
his  duty  to  know  what  everybody  else  knew, 
would  that  not  be  considered  sufficient.  He 
intimated  that  it  would. 

"On  the  18th  page  of  your  pamphlet  you 
find  the  affidavit  of  D.  A.  Smith,  and  the  cer- 
tificate of  P.,  W.  and  Sands.  You  must  get 
P.,  W.  and  Sands  to  make  oath  instead  of  a 
certificate,  and  also  to  state  the  fact  was 
notorious  to  all  commercial  men,  especially 
those  who  dealt  in  stock  and  money,  and  send 
it  on  to  me  forthwith. 

"I  have  sent  to  Smith  a  copy  of  his  deposi- 
tion, and  desired  him  to  repeat  it  with  the 
addition,  if  possible,  of  the  difference  between 
these  notes  and  specie,  and  the  notoriety  of 
that  difference. 

"I  shall  also  get  a  deposition  or  two  here, 
if  I  can  ;  might  you  not  add  one  or  two  others 
in  New  York. 

"I  should  not  wonder  if  we  get  a  bill  reported 
ordering  the  difference  to  be  paid  at  once. 


"New  York,  February  13,  1835. 

"Dear  Sir:  Your  letter  of  the  10th  instant 
came  to  hand  yesterday,  in  reply  to  which  I 
have  to  inform  you  that  Mr.  Jacob  Barker  is 
absent  at  New  Orleans,  where  he  will  probably 
remain  until  July  next. 

"I  applied  to  Messrs.  Prime,  Ward  and 
Sands,  and  am  sorry  to  say  that  Ward,  the 
only  partner  from  whom  I  could  get  the  neces- 
sary certificate,  is  very  ill — so  much  so  that 
he  cannot  be  seen;  1  cannot,  therefore,  jret 
the  paper  required  until  he  recovers,  which 
will  probably  take  some  time. 

"Mr.  Prime  has  retired  from  business,  in  the 
country,  and  Mr.  Sands  is  dead. 

"I  have  made  exertion  to  get  some  other 
certificates,  and  I  regret  that  I  have  not  suc- 
ceeded, in  consequence  of  the  persons  being  at 
the  south  to  whom  I  applied. 

"I  shall,  however,  make  further  exertions  to 
procure  certificates,  and,  if  I  succeed,  will 
forward  them  immediately. 

"Respectfully,  your  obedient  servant, 

"WM.  H.  BARKER, 

"Mattiiew  St.  Clair  Clarke,  esq." 

On  this  subject,  Governor  Kent,  member  of 
the  United  States  Senate  from  Maryland,  re- 
marked, in  a  speech  before  that  body  on  the 
23d  of  April,  1834: 

"Notwithstanding  the  existence  of  the  cir- 
cumstances thus  propitious,  our  public  agents 
could  not  be  influenced  by  that  good  old  adage 
'Let  well  enough  alone;'  but  they  must  try  an 
experiment  upon  the  currency,  a  vital  part  of 
the  social  system,  if  that  could  be  called  an 
experiment  which  had  before  been  tried  and 
totally  failed.  Sir,  this  scheme  was  fully  tested 
from  1811  to  1816.  I  was  here  an  actor  in 
the  scenes  of  those  days,  and  well  remember 
the  ruinous  consequences  that  resulted  from 
them.  The  experiment  made  then  soou  ter- 
minated in  a  paper  currency  of  a  description 
so  bad  that  I  shall  not  undertake  to  describe  it. 
It  continued  to  depreciate  until  it  became  so 
worthless  that  the  members  of  Congress  refused 
to  receive  it  in  payment  for  their  per  diem 
allowance.  They  were  paid  in  treasury  notes 
and  drafts  on  northern  banks  where  specie 
payments  had  never  been  discontinued,  and 
those  were  sold  for  a  premium  which  was 
pocketed  by  the  members,  whilst  their  consti- 
tuents were  obliged  to  receive  the  depreciated 
paper  money  in  payment  for  their  hard  earn- 
ings. What  the  people  individually  lost,  and 
what  the  government  lost  during  the  five  years 
that  this  first  experiment  was  going  on,  and 
which  embraced  the  whole  period  of  the  late 


100 


LIFE    OF   JACOB   BARKER. 


Avar.  I  will  not  attempt  to  estimate.  We  know 
that  there  is  enough  of  the  trash  of  that  day 
now  remaining  in  the  public  treasury,  called  un- 
available funds;  which,  with  the  interest  added 
to  it,  would  be  sufficient  to  complete  the  Chesa- 
peake and  Ohio  canal,  the  Baltimore  and  Ohio 
railroad,  and  the  Delaware  breakwater,  three 
great  and  magnificent  public  works  intimately 
connected  with  the  future  prosperity  of  the 
country. 

"Sir,  it  is  known  to  most  of  those  whom  I 
have  the  honor  to  address,  that  the  government 
was  obliged,  during  the  greater  part  of  the 
late  war,  in  making  their  loans,  to  give  one 
hundred  dollars  in  stock  of  the  United  States, 
bearing  six  per  cent,  interest,  for  eighty  dollars 
of  this  depreciated  paper  money,  worth  about 
sixty-five  dollars.  On  one  occasion,  the  gov- 
ernment was  reduced  so  low  that  the  Secretary 
of  the  Treasury  was  compelled  to  entreat  an 
individual  to  obtain  a  loan  of  eighteen  hundred 
thousand  dollars,  at  one  hundred  of  stock  for 
eighty  of  this  depreciated  money,  and  which 
was  to  have  a  retrospective  effect  upon  a  pre- 
vious loan  :  in  consequence  of  which  it  cost  the 
people  of  the  United  States  twenty-nine  hundred 
thousand  dollars,  independent  of  interest,  be- 
fore it  was  paid  off.  The  same  individual  was 
intreated,  at  the  same  time,  to  procure  an  ad- 
ditional loan  of  this  depreciated  paper  money 
at  eight  per  cent.  It  has  been  well  believed 
that  the  most,  if  not  all,  of  those  losses  could 
have  been  avoided,  if  there  had  been,  at  that 
time,  a  sound  currencv,  such  as  a  national  bank 
would  have  given  us.  I  know  this  was  the 
opinion  of  one  of  the  purest  and  wisest  men 
that  ever  participated  in  the  councils  of  this 
country." 

That  the  Secretary  was  apprised  of  the  de- 
preciation when  he  made  the  contract  is  too 
manifest  to  admit  of  a  doubt;  it  might  as  well 
be  supposed  that  he  did  not  know  that  the 
Capitol  had  been  burned,  as,  in  the  face  of  all 
these  facts,  to  suppose  that  he  did  not  know  of 
the  depreciation. 

Mr.  Barker  insists  that  the  depreciation  was 
known  at  the  treasury  on  the  31st  August,  1814, 
as  deducible  from  the  following  facts: 

1st.  The  banks  of  Baltimore  and  of  Washing- 
ton had  suspended  payment,  and  sent  oft'  all 
their  specie  before  the  British  entered  Wash- 
ington, which  was  on  the  24th  of  August. 

2d.  That  they  did  not  resume  specie  pay- 
ments until  after  the  United  States  Bank  was 
established  in  1817. 

3d.  The  Bank  of  Columbia  established  an 
office  in  the  Treasury  Department  on  the  return 
of  the  cabinet  to  Washington,  where  all  the 
business  of  the  government  was  conducted  by 


Richard  Smith,  esq.,  with  depreciated  paper, 
and  no  other  payments  could  be  obtained  by 
those  having  claims  on  the  treasury.  The  daily 
applicants  were  numerous,  and  their  complaints 
to  the  Secretary  loud  and  incessant,  at  being 
obliged  to  receive  paper  which  had  no  circulation 
beyond  the  localities  of  the  banks  issuing  it. 

The  Secretary,  in  his  report  to  Congress  of 
the  23d  September,  1814,  says: 

4th.  "  The  difficulties  already  experienced  in 
obtaining  loans,  and  the  terms  on  which  it  has 
been  found  necessary  to  accept  them,  suffi- 
ciently show  the  propriety  of  Congress  adopting 
effective  measures  for  procuring  the  sums  still 
required,  for  the  service  of  the  residue  of  the 
present  as  well  as  for  that  of  the  ensuing  year. 

"  The  suspension  of  payments  in  specie  by 
many  of  the  most  considerable  banks  in  the 
United  States,  and  of  those  most  important  in 
the  money  operations  of  the  treasury,  has  pro- 
duced, and  will  continue  to  cause,  difficulties 
and  embarrassments  in  those  operations.  The 
circulating  medium  of  the  country,  which  baa 
consisted  principally  of  bank  notes,  is  placed 
upon  a  new  and  uncertain  footing,  and  those 
difficulties  and  embarrassments  will  extend  in 
a  greater  or  less  degree  into  the  pecuniary 
operations  of  the  citizens  in  general.  The 
powers  of  Congress,  so  far  as  they  extend,  will 
be  required  to  be  exerted  in  providing  a  remedy 
for  these  evils,  and  in  placing,  if  practicable, 
the  currency  of  the  country  on  a  more  uniform, 
certain,  and  stable  footing." 

5th.  Congress,  by  the  recommendation  of 
Mr.  Dallas,  passed  a  law  on  the  15th  of  No- 
vember authorizing  these  suspended  banks  to 
loan  to  the  government  three  millions  of  this 
paper,  and  the  Secretary  advertised  on  the  same 
day,  offering  to  take  approved  bank  paper  for 
such  loan. 

6th.  The  Secretary  says,  in  his  report  to  Con- 
gress on  the  2d  of  December,  (see  Book  of  Fi- 
nance, vol.  2,  page  878,)  that,  being  unable  to 
use  the  depreciated  bank  paper  on  hand  in  the 
payment  of  dividends,  it  had  been  transferred 
to  the  army  and  navy. 

He  also  states  that  specie  had  been  offered 
below  seventy-five,  and  therefore  rejected.  He 
further  says  (see  same  book,  page  841  to  845,) 
that,  unable  to  procure  as  much  money  as 
would  pay  the  interest  and  the  treasury  notes 
maturing  at  Boston  and  other  northern  cities, 
these  creditors  must  wait. 

Mr.  Dallas  in  his  report  says  $6,122,457  32 
had    been    borrowed  in   local   currency,   and 


HEARING   BEFORE    THE   COMMITTEE. 


101 


$3,161,587  06  in  treasury  notes. — (See  Reports 
on  Finance.  2d  vol.,  page  57.) 

7th.  When  peace  took  place  stock  and  trea- 
sury notes  improved  in  price,  while  the  depre- 
ciated paper  of  the  District  of  Columbia  under- 
went no  amelioration,  yet  the  Secretary  con- 
tinued to  refuse  to  borrow  specie,  to  which  the 
soldiers  who  had  fought  and  won  our  battles 
and  others  were  entitled ;  continuing  to  ex- 
change government  securities  for  this  depre- 
ciated paper,  and  paying  it  out  at  par,  to  the 
profit  of  the  treasury  of  $32,107  64,  as  reported 
by  him  to  Congress  December  15,  1816,  saying 
to  those  hungry  applicants  "  that  he  was  sorry 
that  he  had  not  anything  better  in  which  to  pay 
them  ;  that  they  were  under  no  obligation  to 
take  it ;  that  if  they  did  not  like  it,  they  had 
only  to  wait,  till  the  treasury  had  something  bet- 
ter to  offer." 

The  Secretary  says  in  his  report  that  the  ob- 
ject of  a  law  authorizing  a  loan  of  $12,000,000 
was  to  aid  the  treasury  with  a  supply  of  the 
local  currencies  of  different  places. 

8th.  The  testimony  of  Dennis  A.  Smith  and 
Governor  Kent. 

Mr.  Barker  visited  Washington  several  times 
after  this,  but  could  not  get  a  hearing  before 
the  committee  until  June,  1854,  when  he  ap- 
peared before  it  and  went  as  fully  into  the  sub- 
ject as  the  time  allowed  would  permit.  A 
member  being  under  the  necessity  of  attending 
to  business  before  the  House,  suggested  to  Mr. 
Barker  to  reduce  to  writing  what  further  he 
had  to  say.  He  did  so  in  the  committee  room, 
while  waiting  for  the  member  to  return,  that 
being  necessary  to  form  a  quorum.  It  was  as 
follows : 

"  The  intention  of  the  condition  was  to  pro- 
tect the  holders  of  the  stock  against  a  depre- 
ciation by  a  future  issue  of  stock  at  a  less 
price,  which  was  certain  to  occur  in  case  the 
war  continued,  the  necessities  of  the  govern- 
ment requiring  the  whole  25  millions,  Congress 
having  adjourned  without  making  any  other 
provision  except  the  issuing  of  treasury  notes. 

"  The  manifest  meaning  of  the  law  and  of 
the  condition  was,  that  the  government  should 
continue  to  borrow  under  that  law  until  the 
whole  amount  should  be  obtained  ;  hence,  put- 
ting it  on  the  shelf  and  borrowing  under  a  new 
law  was  a  palpable  violation  of  faith. 

"  Cutting  off  the  holders  of  full  stock  in  the 
ten  million  loan  from  all  further  benefit  from 
the  condition,  on  granting  more  favorable 
terms  for  a  small  portion  of  the  loan,  while  one 


half  of  the  25  millions  remained  uncontracted 
for,  was  an  invasion  of  the  vested  rights  of 
those  who  had  lent  their  money  in  good  faith, 
relying  on  the  promise  that,  '  if  more  favor- 
able terms  should  be  allowed  for  any  portion 
of  the  25  million  loan,  the  holders  of  the  full 
stock  in  the  ten  million  loan  should  have  the 
benefit  thereof.' 

"  The  holders  of  this  stoc*k  were  deprived  of 
the  benefit  of  the  condition  by  the  unlawful 
action  of  the  treasury  as  effectually  as  if  they 
had  yielded  to  the  first  imposition  attempted, 
and  subscribed  the  release  attempted  to  be  ex- 
torted from  them  by  withholding  the  supple- 
mental stock  to  which  they  had  become  en- 
titled. 

"  These  holders  depended  on  the  market 
price,  having  to  sell  their  stock  daily  to  get 
money  to  meet  their  own  engagements;  they 
were  dealers,  not  mere  money  lenders  ;  had  it 
been  otherwise,  the  injustice  would  have  been 
the  same,  although  the  injurious  consequences 
would  have  been  less  severe. 

"  Refusing  the  supplemental  stock  when  it 
became  due,  and  then  giving  it  to  those  who 
had  not  any  title,  because  the  unlawful  with- 
holding had  obliged  the  holders  to  part  with 
their  certificates,  was  an  invasion  of  rights 
vested  in  the  holders  of  full  stock  in  the  ten 
million  loan ;  these  certificates  did  not  make 
any  reference  to  the  condition  ;  they  were  sep- 
arated from  the  contract  which  conferred  the 
right  of  the  supplemental  stock  in  terms  on 
the  holders  of  the  stock,  when  the  more  favor- 
able terms  should  be  allowed. 

"  It  was  not  negotiable  except  by  special 
assignment.  The  practice  of  the  government 
and  the  States  is  to  issue  bonds  with  coupons 
attached  for  the  interest.  If  payment  of  the 
interest  should  be  refused,  and  the  parties  by 
the  defalcation  be  compelled  to  detach  his  ma- 
tured coupons  from  the  bonds  and  sell  them, 
their  payment  could  not  be  refused  to  the  new 
holders  because  he  did  not  also  hold  the  bonds. 
"  It  is  the  universal  practice  of  the  treasury 
of  the  United  States  and  of  each  State,  to  pay 
the  matured  coupons  when  presented,  without 
requiring  the  certificates  of  stock  or  inquiring 
who  holds  them,  although  these  bonds  promised 
the  interest  on  their  face. 

"  For  all  the  full  stock  in  the  ten  million 
loan  the  government  received  specie  or  its 
equivalent;  hence,  when  they  relused  specie 
and  took  depreciated  paper  for  other  portions 
of  the  25  million  loan,  the  holders  of  ft. 11  stock 
in  the  ten  million  loan  became  entitled  to  the 
beiifcfitof  the  difference,  otherwise  the  intention 
of  the  condition  would  be  defeated;  for  instance, 
a  man  with  $80  specie  could  purchase  £100 
of  this  depreciated  paper,  and  for  it  receive 
$125  in  stock,  and  thus  drive  the  holders  of  the 
tin  million  stock  out  of  the  market,  or  compel 
them  to  sell  it  at  a  loss  of  IS  per  cent.,  while 
the  holders  of  the  stocks  obtained  for  the  de- 
preciated paper  sold  their  stock  at  cost. 


102 


LIFE    OF   JACOB   BARKER. 


"  The  question  has  become  much  simplified 
by  the  government  having  taken  up  all  the 
stock,  and  there  being  no  other  claimants  than 
the  holders  when  the  more  favorable  terms 
were  allowed,  the  treasury  books  establish  who 
they  were. 

'•  The  government  will  not  claim  this  benefit 
by  virtue  of  this  possession,  because  a  debtor 
paying  only  a  part  of  his  debt  is  not  released, 
without  an  express  article  of  release  or  com- 
promise. 

''Those  who  purchased  after  the  notification 
from  the  treasury  that  the  condition  had  been 
finally  settled,  and  that  nothing  more  would  be 
allowed,  paid  nothing  for  the  condition  and 
cannot  interpose  a  claim  adversely  to  those 
who  paid  for  it,  and  they  never  have  claimed 
or  pretended  any  claim. 

'•  Suppose  there  had  been  several  contracts, 
each  more  favorable  than  the  preceding  one, 
would  not  the  benefits  have  been  divided 
among  the  holders  at  each  period,  accord- 
ing to  each  difference ;  if  not,  no  settlement 
could  have  been  made  until  the  whole  _5 
millions  had  been  borrowed.  Consequently, as 
this  has  not  occurred  and  never  will  occur,  the 
government  would  never  be  bound  on  that  con- 
struction to  have  issued  a  dollar  of  supple- 
mental stock. 

"  Making  the  continued  holding  necessary 
would  have  impaired  the  chances  of  sale  by  the 
holders  to  a  ruinous  extent.  The  stock  certifi- 
cates did  not  mention  the  condition  which  was 
spread  on  the  scrip  certificates. 

"  This  omission  was  for  the  avowed  reason, 
that  it  did  not  follow  the  stock  beyond  the 
period  when  more  favorable  terms  should  be 
allowed,  while  the  certificates  were  intended  to 
be  permanent. 

"  Whether  or  not  the  holders  would  have 
been  entitled  to  the  benefit  of  further  more 
favorable  terms,  bad  they  been  allowed  by  a 
third  contract,  may  not  be  material  to  enquire, 
since  they  are  willing  to  relinquish  all  other 
claims  on  being  allowed  the  difference  between 
the  market  value  of  specie  and  the  depreciated 
paper  received  for  the  loan  of  the  31st  August, 
1814." 

No  quorum  of  the  committee  could  be  had 
after  this,  and  the  subject  was  therefore  laid 
over  until  the  next  session  of  Congress ;  in  the 
interim,  Mr.  Barker  received  the  following 
letter: 

'•Newport,  R.  I,  September  28,  1854. 

"My  Dear  Sir:  Observing  that  the  subject 
of  your  loans  to  the  United  States  during  the 
war  of  181^  with  Great  Britain  have  lately 
been  before  Congress,  it  may  be  useful  to 
know  the  opinion  of  the  late  Hon.  Elisha  R. 
Potter,  a  member  of  Congress  from  this  State 
for  many  years,  which  I  will  detail. 

"Mr.  Potter  was  one  of  the  strongest  oppo- 


nents of  the  war,  and  generally  considered  the 
leader  of  the  opposition  in  the  House. 

"While  the  war  question  was  pending,  or 
measures  for  prosecuting  it  were  before  Con- 
gress, a  number  of  southern  members  came  to 
Philadelphia  to  spend  the  Christmas  holidays, 
and  among  them  was  the  loved  and  lamented 
William  Loundes,  of  South  Carolina,  then  a 
member  of  Congress  from  that  State,  in  whose 
company  I  chanced  to  dine,  and  I  heard  him 
say  to  the  guests  that  Mr.  Potter,  cf  Rhode 
Island,  was  the  strongest  opponent  they  bad  to 
contend  with,  and  but  for  him  they  could 
easily  carry  out  their  war  measures. 

"I  resided  in  the  immediate  neighborhood  of 
Mr.  Potter,  saw  him  frequently,  and  heard  him 
converse  about  the  war  and  other  subjects. 
And  after  you  had  made  some  unsuccessful 
attempts  to  get  a  settlement  with  the  govern- 
ment, he  made  to  me  the  following  statement: 

'"I  remember  very  well,  during  the  war,  when 
Mr.  Calhoun  informed  the  House  that  there 
was  a  gentleman  in  the  gallery  who  would  fur- 
nish government  with  three  million  of  dollars. 

"'I  looked  above  to  see  who  was  there  that 
was  probably  the  person  alluded  to,  but  saw  no 
one  that  appeared  competent  to  the  task  except 
my  old  friend  Thomas  Hazard,  and  came  to 
the  conclusion  that  he  was  the  gentleman  Mr. 
Calhoun  alluded  to. 

'"We  had  been  acquainted  all  our  lives,  and 
I  knew  it  was  next  to  impossible  to  divert  him 
from  his  purpose,  but  I  was  determined  to  make 
the  attempt.  Being  most  decidedly  opposed 
to  the  war,  I  would  let  no  opportunity  pass 
without  an  effort  on  my  part  to  put  an  end  to 
it,  believing  the  interests  of  the  country  would 
be  advanced  by  a  speedy  peace,  which  was 
likely  to  result  from  the  want  of  means  to  carry 
on  the  contest. 

"  '  I  therefore  proceeded  to  that  part  of  ike 
gallery  where  Mr.  Hazard  was  seated,  and  on 
his  rising,  with  extended  hand,  to  receive  me, 
I  said  "  "Is  it  thee  that  proposes  to  lend  govern- 
ment three  million  of  dollars  to  carry  on  this 
iniquitous  war?""  He  replied  ""No,  not  me, 
but  my  son-indaw,  Jacob  Barker.  I  will  intro- 
duce him  to  thee'"*- — and  did  so. 

'•"I  had  observed,"  continued  Mr.  Potter, 
'when  your  uncle  came  in  there  was  a  young 
man  with  him,  who  I  supposed  was  a  nephew, 
or  some  young  gentleman  of  his  acquaintance, 
who  had  availed  himself  of  the  opportunity  of 
visiting  the  capital  with  one  so  favorably  known 
there,  and  on  its  being  annouuced  to  me  that 
this  was  the  person  who  proposed  furnishing 
government  with  so  large  an  amount  I  was 
surprised,  but  congratulated  myself  with  the 
hope  that  I  should  find  but  little  difficulty  in 
dissuading  so  youthful  looking  a  person  from 
engaging  in  what  I  then  believed  to  be  a  very 
hazardous  enterprise. 

"'Accordingly  I  seated  myself  beside  him, 
and  used  all  the  arguments  in  my  power  to 
stop   the   negotiation,   but   without    effect.     I 


REPORT    OF   COMMITTEE. 


103 


found  him  as  hard  to  move  from  his  purpose  as 
I  had  expected  to  find  the  elder  gentleman, 
and  after  exhausting  all  my  arguments  upon 
him  in  vain  I  gave  it  up. 

'"Mr.  Barker  made  the  contract,  and  fur- 
nished government  with  a  very  large  amount  at 
a  most  critical  and  trying  time,  and,  I  believe, 
at  that  period  was  the  only  man  in  the  Union 
that  could  and  would  have  done  it,  and  we 
were  enabled,  with  the  means  he  furnished  us, 
to  prosecnte  the  war.  Without  it  I  could  see 
no  way  but  to  make  a  peace  on  such  terms  as 
we  could,  which  I  then  believed  would  be  for 
the  interests  of  the  country,  and  I  opposed  that 
contract,  in  all  its  stages,  with  all  my  might, 
and  did  everything  I  could  to  prevent  it. 

"  '  But  it  was  a  fair  contract,  and,  as  things 
turned,  of  great  service  to  the  country ;  and  I 
would  now,  if  in  Congress,  do  all  in  my  power 
to  have  it  fulfilled  ;  and  I  think  Mr.  Barker 
should  petition  for  the  allowance  <if  his  claims 
until  obtained,  or  if  not  successful  in  his  life- 
time, direct  his  descendants  to  pursue  the  sub- 
ject unceasingly  until  they  succeed.' 

"In  our  conversations,  years  afterwards,  Mr. 
Potter  several  times  reverted  to  the  subject, 
and  spoke  of  the  double  obligation  Congress 
was  under  to  fulfil  that  contract,  alluding  to  the 
fact  of  Mr.  Barker's  coming  forward  and  risk- 
ing everything  he  had  to  aid  the  government  at 
the  time  of  its  greatest  necessity. 

u  About  the  time  you  were  negotiating  tins 
loan,  I  (as  a  school-boy)  was  passing  through 
New  York,  and  stopped  at  your  .house  with  my 
father,  who  was  also  much  opposed  to  the  war, 
and  to  your  making  the  loan,  and  after  urging 
many  arguments  against  it,  said  :  '  But,  Jacob, 
the  government  itself  may  be  so  embarrassed 
with  this  ruinous  and  expensive  war  that  it  will 
not  be  able  to  pay,  and  fail,  or  break  down  be- 
fore the  war  is  ended.' 

"  You  replied,  '  If  government  fails,  I  am 
willing  to  fail  with  it,  property  and  everything 
else  are  of  little  or  no  consequence  compared 
to  the  success  of  my  country — I  am  willing  to 
risk  everything  I  have  for  her.' 

''Afterwards,  when  the  prospects  e»f  our  coun- 
try assumed  a  more  favorable  aspect,  and  oth- 
ers were  offering  money  to  government,  my 
father  often  remarked  that  '  when  everything 
wore  the  most  gloomy  aspect  for  the  country, 
Jacob  Barker  was  the  only  man  willing  to  risk 
his  all  to  sustain  the  administration,  but  now 
when  there  appeared  little  or  no  risk  there  were 
plenty  of  patriots  willing  to  furnish,  on  better 
terms  than  were  allowed  to  him,  and  Congress 
seemed  to  have  forgotten  the  state  of  things 
that  existed  when  he  came  forward,  or  they 
would  be  willing  to  fulfil  the  contract  they  had 
made  with  him.' 

"  Hoping  your  present  application  to  Con- 
gress will  result  favorably,  I  remain,  with  great 
regard,  yours  trulv, 

"  ISAAC  PEASE  HAZARD. 

"Jacob  Barker,  esq." 


Congress  re-assembled,  when  Mr.  Barker  ap- 
peared again  before  the  Judiciary  Committee, 
urging  a  decision  ;  his  closing  remarks  were : 

"  I  am  told  that  lobby  influence  is  essential  to 
the  success  of  the  claim,  none  has  ever  been 
exerted,  the  members  of  Congress  have  not 
been  besieged  at  their  hotels  ;  I  have  not,  in 
any  case,  sought  the  influence  of  the  lobby,  but 
have  always  relied  on  the  intrinsic  merits  of 
my  case.  I  am  poor  enough,  God  knows,  yet,  I 
do  not  come  here  to  ask  charity,  nor  do  I  ask  pay 
for  my  patriotism,  all  I  ask  is  justice."' 

The  committee  proceeded  to  the  investiga- 
tion of  the  documentary  evidence  adduced,  and 
the  consideration  of  the  subject,  which  resulted 
in  the  following  report : 

"THIRTY-THIRD  CONGRESS,  SECOND  SESSION. 
"in  the  house  of  reps.,  feb.  25,  1855. 

"  Mr.  F.  P.  Staxtox,  from  the  Committee  on 
"the  Judiciary,  made  the  following 

"REPORT. 
"  The  Committee  on  the  Judiciary,  to  whom  was 
referred  the  memorial  of  R.  R.  Ward,  F.  G. 
IlaUcrk.  and  Jacob  Little,  assignees  of  the 
estate  of  Jacob  Barker,  having  had  the  name 
wider  consideration,  submit  the  following 
report : 

"By  the  act  of  the  21th  March,  1814,  Coi." 
gress  authorized  the  President  to  borrow  twen" 
ty  five  millions  of  dollars.  The  Treasury  De- 
partment advertised  for  ten  millions  of  this  loan, 
to  be  taken  on  the  2d  of  May  following.  On 
that  day  a  contract  was  duly  executed  with  Mr. 
Jacob  Barker  and  sundry  other  persons  For  a 
portion  of  these  ten  millions,  upon  the  follow- 
ing terms  and  conditions,  to  wit:  'eighty-eight 
dollars  in  money  for  each  hundred  dollars  in 
stock;  and  the  United  States  engage,  if  any 
part  of  the  sum  of  twenty-five  millions  of  dol- 
lars authorized  to  be  borrowed  by  the  act  of 
24th  March,  1814,  is  borrowed  upon  terms 
more  favorable  to  the  lenders,  that  the  benefit 
of  the  same  terms  shall  be  extended  to  the  per- 
sons who  may  then  hold  the  stock,  or  any  part 
of  it,  issued  for  the  present  loan  of  ten  mil- 
lions.' 

"  The  necessity  for  resorting  to  this  condition, 
in  order  to  secure  the  negotiation  of  even  a 
part  of  the  loan,  can  be  explained  only  by  the 
extreme  embarrassment  of  the  treasury,  and 
the  uncertainty  of  its  future  resources,  depend- 
ing, as  they  did,  upon  the  conclusion  of  the  ex- 
isting war.  These  extraordinary  terms,  how- 
ever, were  not  unexampled,  and  did  not  origin- 
ate with  these  contractors.  A  similar  condi- 
tion, differing  only  as  to  the  persons  entitled  to 
the  benefit  of  it,  had  been  allowed  to  Messrs. 
Girard  &  Parish,  upon  the  negotiation  of  the 
loan  of  March,  1813;  and  there  can  be  no  doubt 
that  the  terms  stipulated  in  1814-  were  sug- 
gested by  those  of  the  preceding  year. 


104 


LIFE    OF   JACOB   BARKER 


"It  was  known  that  the  enemy  was  relying 
largely  upon  the  embarrassments  of  our  finan- 
ces, and  it  v/as  a  matter  of  the  first  importance 
to  obtain  the  necessary  funds  for  carrying  on 
the  war  at  almost  any  sacrifice.  The  effect  of 
success  in  obtaining  this  loan  was  expected  to 
be  favorable  to  the  negotiation  of  peace.  In 
that  event,  the  government  stock  would  have 
advanced  so  as  to  render  the  condition  attached 
to  the  above  loan  of  no  consequence  whatever. 
But,  in  the  opposite  contingency,  which  actu- 
ally did  happen,  it  was  apparent  that  there 
would  be  a  tendency  to  decline  in  the  govern- 
ment stocks,  which  would  bring  ruin  upon  the 
contractors,  without  such  a  condition  as  that 
which  was  actually  adopted.  It  is  well  known 
that,  upon  such  occasions,  contractors  for  gov- 
ernment loans,  to  be  paid  in  instalments,  usu- 
ally rely  upon  the  sale  or  pledge  of  the  stocks 
received  for  one  instalment,  in  order  to  meet 
the  next.  It  is  apparent,  therefore,  that  in  the 
present  case  the  contractors  who  took  the  loan 
above  its  market  price  must,  without  the  con- 
dition, have  suffered  immense  losses  from  the 
continued  depression  of  the  market,  owing  to 
the  prolongation  of  the  war.  The  terms  of  the 
contract  were  perfectly  legitimate,  and  afforded 
only  a  fair  security  to  the  parties  who,  in  that 
dark  period  of  our  history,  patriotically  stepped 
forward  and  risked  their  fortunes  for  the  sup- 
port of  the  government. 

"In  July  following  (1814)  the  government 
advertised  for  another  sum  of  six  millions,  part 
of  the  twenty-five  million  loan,  to  be  closed  on 
the  22d  August  next  thereafter.  This  loan  en- 
tirely failed.  The  British  forces  entered  the 
city  of  Washington  on  the  24th  of  that  month. 
The  banks  of  New  York,  and  all  south  of  that 
city,  suspended  specie  payments.  The  banks 
of  Baltimore  and  Washington  sent  off  all  their 
valuable  effects  upon  the  approach  of  the  ene- 
my, and  the  members  of  the  government  dis- 
persed, and  did  not  again  reassemble  in  Wash- 
ington until  after  the  evacuation  of  the  city  by 
the  British  army,  which  took  place  on  the  night 
of  the  26th.  On  the  30th  the  Secretary  of  the 
Treasury  opened  new  negotiations  for  six  of 
the  twenty-live  millions  authorized  to  be  bor- 
rowed as  above  stated.  On  the  following  day, 
the  31st  August,  1814,  a  contract  was  made 
with  the  officers  of  the  Baltimore  and  District 
banks,  and  sundry  other  persons,  for  something 
like  two  and  a  half  millions  of  dollars,  at  eighty 
per  cent.,  payable  in  the  depreciated  paper  of 
the  banks  aforesaid. 

"  Upon  the  negotiation  of  this  second  part  of 
the  twenty-five  million  loan,  the  holders  of  the 
stock  in  the  first  part  of  the  loan  claimed  the 
performance  of  the  condition  incorporated  in 
the  original  contract.  Upon  this  demand  vari- 
ous difficulties  were  started,  of  which  the  most 
important  were  these  : 

"  '  First.  The  Secretary  of  the  Treasury  in- 
sisted that  the  parties  entitled  to  the  benefit  of 
the  condition  were  not  the  parties  holding  the 


first  stock  at  the  time  of  the  second  loan,  but 
the  parties  who  held  at  the  time  of  paying  the 
difference  due  on  account  of  the  condition.  It 
is  apparent  that  this  was  a  very  material  point, 
and  the  position  of  the  Secretary  was  in  direct 
conflict  with  the  express  terms  of  the  contract. 
This  point,  however,  becomes  less  important, 
as  it  is  understood  that  the  parties  claiming  the 
supplemental  stock  have  settled  this  question 
among  themselves.  The  committee,  neverthe- 
less, refer  to  the  correspondence  of  the  depart- 
ment, and  especially  to  the  opinion  of  Mr. 
Pinckney  hereto  appended,  in  which  the  full 
discussion  of  this  question  will  be  found. 

"  '  Second.  The  Secretary  of  the  Treasury  in- 
sisted, that  upon  the  negotiation  of  the  second 
loan  under  the  law  of  1814,  and  upon  the  issu- 
ance of  the  supplemental  stock  for  the  differ- 
ence, in  conformity  with  the  terms  of  the  con- 
tract, the  condition  was  exhausted,  and  the  gov- 
ernment might  thereafter  negotiate  portions  of 
that  loan  upon  any  terms,  without  incurring 
any  additional  obligations  to  the  holders  of  the 
original  stock.  Such  was  the  decision  of  the 
Attorney  General,  and  the  Secretary  of  the 
Treasury  acted  upon  it,  for  the  express  pur- 
pose— as  stated  in  the  letter  of  the  acting  Comp- 
troller of  the  24th  November,  1814 — of  giving 
notice  to  the  subsequent  purchasers  of  the  stock 
thatthestipulations  contained  inthecontraethad 
been  fulfilled  ;  ""or,  in  other  words,  that  every- 
thing relating  to  that  contract,  so  far  as  respect- 
ed the  stock  in  existence,  was  deemed  at  the 
treasury  to  be  settled  and  closed."  "  The  effect 
of  these  proceedings  must  have  been  at  once 
to  reduce  the  value  of  the  original  stock  in  the 
market ;  for  it  is  plain  that  the  condition  at- 
tached was  an  important  element  in  the  esti- 
mate of  its  value.  Indeed,  the  published  let- 
ters of  the  department  avow  the  purpose  of 
notifying  subsequent  purchasers  to  prevent 
their  paying  the  additional  value  given  to  the 
stock  by  the  continuance  of  the  condition.  The 
committee  cannot  concur  in  the  decision  of  this 
point,  and  they  believe  that  nothing  but  the 
great  embarrassments  of  the  treasury  .would 
ever  have  induced  any  public  officer  to  place 
such  a  construction  upon  the  original  contract. 
It  is  well  said  by  the  memorialists,  that  if  this 
construction  be  correct,  the  treasury  might 
have  equally  exhausted  the  condition,  and  put 
an  end  to  the  rights  of  the  parties,  by  negoti- 
ating any  inconsiderable  part  of  the  loan  at 
one-eighth  of  one  per  cent,  below  the  original 
contract  price,  and  then  proceed  to  sell  the 
whole  balance  at  a  greatly  reduced  rate.  Such 
a  construction  would  have  placed  it  in  the  power 
of  the  department  to  effect  the  complete  ruin 
of  those  who  had  generously  aided  the  govern- 
ment in  its  extremity.' 

"  It  is  true,  however,  that  in  adopting  these 
harsh  and  unjust  measures,  to  the  injury  of  the 
holders  of  stock,  the  Comptroller  of  the  Treas  a  v}\ 
in  his  letter  above  quoted,  says  :  '  No  exaction 
is  made  from  them  of  any  release  whatever  of 


REPORT    OF   COMMITTEE. 


105 


their  rights  and  claims  in  this  respect.  Their 
rights  will  still  remain  with  themselves,  and 
their  remedies  with  Congress.'  But  the  officers 
of  the  treasury  do  not  seem  to  have  had  entire 
confidence  in  the  legality  of  their  proceedings 
and  the  soundness  of  their  construction  of  the 
the  original  contract;  for,  in  a  short  time  after- 
wards, before  the  twenty  five  million  loan  had 
been  half  exhausted,  the  Secretary  of  the  Treas- 
ury applied  to  Congress  for  power  to  make  a 
new  loan,  which  was  granted  by  the  act  of  15th 
November,  1814.  The  8th  section  of  this  act 
expressly  authorized  the  banks  in  the  District 
of  Columbia  to  take  any  part  of  this  new  loan. 
They  accordingly  did  subscribe  for  it,  paying 
the  amount  in  their  own  depreciated  paper. 
The  effect  of  this  statagem,  if  not  its  very 
object,  was  to  rid  the  government  entirely  of 
the  condition  attached  to  the  loan  authorized 
by  the  act  of  24th  March  preceding.  But  while 
the  government  was  thus  relieved  from  a  trou- 
blesome condition,  the  rights  and  interests  of 
the  former  contractors  were  wholly  sacrificed. 
Reasons  of  slate,  arising  from  the  emergencies 
of  the  time,  may  have  justified  this  evasion  of 
a  fair  and  valid  contract ;  but  it  is  doubtful 
whether  the  strict  maintenance  of  good  faith, 
on  the  part  of  the  government,  would  not  have 
tended  more  to  sustain  its  credit  in  the  mar- 
ket, and  its  strength  in  the  confidence  of  the 
people.  However  this  may  be,  there  can  be 
no  question  as  to  the  propriety  of  doing  com- 
plete justice  at  the  present  time. 

"  The  memorialists  do  not  claim  any  re- 
muneration for  the  injury  done  to  the  value  of 
their  stock  by  notifying  the  parties  that  the 
condition  was  exhausted  ;  or  by  the  subsequent 
act  of  setting  aside  the  loan  of  March  and  re- 
sorting to  that  of  November.  That  these  pro- 
ceedings did  result  in  great  injury,  must  be 
admitted  from  the  very  nature  of  things, 
though  it  might  be  difficult  to  determine  the 
extent  of  loss  incurred.  But  leaving  these  par- 
ticulars entirely  out  of  the  case,  the  memorial- 
ists place  themselves  upon  the  ground  of  a 
single  well-established  fact,  upon  which  they 
claim  what  they  believe  to  be  an  unquestionable 
legal  right.  This  fact  is,  that  the  loans  nego- 
tiated en  the  31st  of  August,  1814,  were  taken 
at  the  rate  of  eighty  dollars  in  the  hundred, 
payable,  and  actually  paid,  indepreciated  bank 
paper.  In  settling  with  the  holders  of  the 
original  stock  upon  the  basis  of  this  second 
loan,  the  Secretary  paid  only  the  difference  be- 
tween eighty  and  eighty-eight,  estimating  the 
depreciated  bank  paper,  paid  under  the  second 
contract,  as  equivalent  to  so  much  specie. 
The  memorialists  now  claim  the  difference 
between  the  value  of  money  and  the  currency 
in  which  the  payments  were  stipulated  and 
received. 

"It  does  not  appear,  so  far  as  the  committee 
have  been  able  to  see,  that  the  parties  made 
the  claim  in  this  form  at  the  time  of  these 
transactions.      The   only  questions   then  dis- 


cussed between  the  stockholders  and  the  gov- 
ernment were  those  already  alluded  to  in  this 
report:  first,  as  to  the  parties  entitled  to  re- 
ceive the  supplemental  stock;  and,  secondly, 
as  to  the  continuance  of  the  condition  afier  the 
second  negotiation.  But  it  will  be  readily 
seen  that,  under  the  circumstances  then  exist- 
ing, with  the  certainty  that  other  negotiations 
would  be  required  for  obtaining  the  balance  of 
the  twenty-five  million  loan,  the  question  which 
is  now  so  material  was  then  of  little  import- 
ance; because,  upon  any  subsequent  negotia- 
tion, in  which  the  terms  might  have  been  still 
more  favorable  to  the  lender,  the  original  stock- 
holders would  have  been  entitled  to  a  sum 
equal  to  the  further  depreciation  of  the  stock, 
and  it  was  not  very  material  whether  that  ad- 
vantage continued  attached  to  the  original 
stock  or  was  added  in  the  face  of  the  supple- 
mental stock.  But  the  parties  seem  to  have 
been  at  the  mercy  of  the  department,  and  were 
forced  to  receive  whatever  they  could  obtain. 
The  power  of  the  government  was  exerted  with 
little  regard  to  rights  of  the  parties,  and  the 
occasion  was  altogether  unfavorable  to  the 
assertion  of  the  present  demand,  even  if  the 
first  contractors  then  knew  the  terms  of  the  sec- 
ond loan.  But  there  is  no  evidence  that  they 
were  apprized  of  the  fact  that  depreciated 
paper  was  received,  especially  as  the  depart- 
ment even  now  asserts  that  there  is  nothing 
remaining  on  the  books  or  records  to  show  it. 

"If  the  loan  of  the  31st  of  August  was  ac- 
tually stipulated  to  be  paid,  or  in  fact  was 
paid,  in  a  depreciated  currency,  the  committee 
do  not  see  how  the  claim  of  the  memorialists 
cau  be  denied.  In  order  to  ascertain  the  facts, 
application  was  made  at  the  Treasury  Depart- 
ment for  such  information  as  could  be  furnished 
from  that  quarter.  But  they  received  nothing 
satisfactory  in  reply,  as  will  be  seen  by  the 
correspondence  appended.  In  looking,  how- 
ever, at,  the  history  of  the  period,  the  testimony 
presented,  and  the  admissions  made  from  lime 
to  time  in  the  various  treasury  reports,  the 
committee  cannot  doubt  that  the  facts  are  as 
averred  by  the  memorialists,  and  that  the  80 
percent,  paid  on  the  negotiation  of  the  .'Us  t 
of  August  was  entirely  illusive,  being  paid  in 
the  depreciated  currency  of  the  times.  The 
deposition  of  Dennis  A.  Smith,  one  of  the  con- 
tractors, distinctly  proves  the  fact.  And  it 
further  appears,  that  during  the  period  from 
the  20th  of  September  to  the  10th  of  December 
following,  in  which  the  monthly  instalments 
were  to  be  paid,  the  paper  received  varied  from 
ten  to  twenty-four  per  cent,  below  par. 

"But,  while  the  committee  are  satisfied  of 
these  general  facts,  they  deem  it  inappropriate 
for  them  to  attempt  to  determine,  absolutely, 
either  the  fact  of  depreciation  in  the  funds  re- 
ceived at  the  treasury,  or  the  amount  to  which 
it  would  entitle  the  claimants.  In  their  judg- 
ment, however,  it  would  be  eminently  just  and 
proper  that  the  accounting  officers  of  the  treas- 


106 


LIFE    OP   JACOB   BARKER. 


ury  should  be  authorized  to  hear  testimony 
as  to  the  fact  and  amount  of  depreciation,  in 
order  that  the  faith  of  the  government  may  be 
redeemed,  and  the  legal  rights  of  the  parties 
under  their  contract  with  the  government  se- 
cured, by  paying  the  amount  found  to  be  due. 
Considering  with  what  cheerful  patriotism  Mr. 
Jacob  Barker  gave  bis  energies,  his  eminent 
financial  talents,  and  his  great  pecuniary  means, 
to  sustain  his  country  in  the  darkest  and  most 
perilous  hour  of  the  war  of  1812,  it  can  hardly 
be  supposed  that  Congress  will  deny  him  the 
privilege  of  establishing,  if  he  can,  a  clearly 
legal  demand,  arising  out  of  a  recorded  con- 
tract, which,  while  it  benefited  the  government, 
resulted  in  his  own  ruin.  The  committee, 
therefore,  report  a  bill  for  the  relief  of  the  me- 
morialists, and  ask  the  favorable  consideration 
of  the  House." 


A  bill  for  the  relief  of  R.  R.  Ward,  F.  G. 
Halleek,  and  Jacob  Little. 

"  Be  it  enacted  by  the  Senate  and  House  of 
Representatives  of  the  United  States  of  America 
in  Congress  assembled,  That  any  person,  or  the 
legal  representative  of  any  person,  who,  on  the 
thirty-first  of  August,  eighteen  hundred  and 
fourteen,  was  the  holder  of  funded  stock  issued 
in  pursuance  of  the  contract  made  on  the  sec- 
ond of  May,  eighteen  hundred  and  fourteen, 
for  part  of  the  loan  authorized  by  the  act  of 
twenty-fourth  of  March,  eighteen  hundred  and 
fourteen,  entitled  '  An  act  to  authorize  a  loan 
for  a  sum  not  exceeding  twenty-five  millions 
of  dollars,'  is  hereby  authorized  to  present  his 
or  their  claim  to  the  Secretary  of  the  Treasury; 
and  upon  proof  being  made  to  the  satisfaction 
of  the  said  Secretary  that  the  part  of  said  loan 
of  twenty-five  millions  subsequently  taken  by 
other  persons  on  the  thirty-first  of  August, 
eighteen  hundred  and  fourteen,  was  payable, 
or  was  actually  received  by  the  United  States 
in  the  paper  of  suspended  banks,  or  in  other 
depreciated  currency  taken  at  par,  the  said 
Secretary  shall  fairly  estimate  the  amount  of 
such  depreciation,  and  shall  pay  out  of  the 
treasury  to  each  one  of  the  said  holders  of  the 
funded  stock  as  aforesaid,  such  a  per  centum 
upon  the  amount  of  stock  then  held  by  them, 
respectively,  as  will  be  equal  to  the  depreciation 
of  the  currency  aforesaid,  so  as  to  fulfill  the 
terms  and  conditions  of  the  contract  made  as 
aforesaid,  on  the  second  of  May,  eighteen  hun- 
dred and  fourteen,  between  the  United  States 
and  the  said  contractors,  for  part  of  the  twentv- 
five  million  loan  authorized  by  the  said  act  of 
twenty-fourth  of  March,  eighteen  hundred  and 
fourteen.'' 

Immediately  after  the  committee  had  closed 
their  deliberations  and  authorized  their  chair- 
man to  prepare  a  report,  a  law  was  passed 
establishing  the  Court  of  Claims,  to  which  all 


cases  on  the  private  calendar  of  the  House 
were  transferred  by  resolution. 

The  gentlemen  who  composed  the  Judiciary 
Committee  were  the — 

Hon.  Frederick  P.  Stanton,  Tennessee. 

Hon.  John  T.  Caskie,  Virginia. 

Hon.  James  Meacham,  Vermont. 

Hon.  Oregon  S.  Seymour,  Connecticut. 

Hon.  Sam'l  W.  Parker,  Indiana. 

Hon.  Henry  May,  Maryland. 

Hon.  Hendrick  B.  Wright,  Pennsylvania. 

Hon.  John  Kerr,  North  Carolina. 

Hon.  F.  B.  Cutting,  New  York. 

Great  difficulty  has  heretofore  been  ex- 
perienced in  getting  Congressional  committees 
to  devote  sufficient  time  to  the  investigation  to 
enable  them  to  understand  the  subject.  This 
committee  seemed  to  be  duly  impressed  with 
its  importance  ;  and  their  honorable  chairman, 
Frederick  P.  Stanton,  was  particularly  vigilant 
in  tracing  out  the  facts  which  constitute  the 
merits  of  the  case.  They  are  such  as  must 
convince  every  intelligent  reader  that  the  claim 
is  just;  and  the  public  being  just,  they  feel  in- 
debted to  their  committee  for  their  lucid  ex- 
pose of  what  every  citizen  is  interested  to 
know. 

Having  given  a  full  detail  of  matters  relating 
to  finance  during  the  war,  the  invasion  of 
Washington  by  a  British  army,  their  retreat 
after  burning  the  Capitol,  and  the  sacking  of 
Alexandria  by  their  licet,  come  next  in  order. 

Mr.  Barker  thinks  the  battle  of  Bladeusburg 
was  more  disastrous  to  the  enemy  than  has 
been  generally  supposed.  He,  a  few  days  after 
the  battle,  visited  about  fifty  of  their  wounded 
who  had  been  left  at  Bladensburg,  also  the 
graves  of  numerous  British  soldiers  and  officers 
at  that  place.  The  accounts  published  in  the 
National  Intelligencer  of  the  1st  September, 
1814,  were  as  follows: 

"The  enemy  continued  last  night  still  at 
Alexandria,  emptying  the  warehouses,as  agreed 
on  in  the  capitulation,  which  will  be  found  in 
our  columns ;  a  capitulation  of  such  a  nature 
as  the  citizens  of  Georgetown  indignantly  re- 
pelled an  invitation  to  enter  into.  Two  of  the 
frigates,  or  vessels-of-vvar,  are  said  to  have  gone 
down  yesterday  ;  but  there  are,  doubtless,  others 
below  to  supply  their  place." 

"FURTHER  PARTICULARS. 

["The  following  is. furnished  the  editors  of 
the  Patriot  by  an  officer  of  distinction,  who 
was  in  the  battle.] 


BATTLE   OP   BLADENSBURG. 


107 


"The  British  left  Bladensburg  Thursday 
night  by  the  road  to  the  Patuxent,  carrying 
with  them  as  many  of  their  wounded  as  forty- 
nine  horses  could  drag  in  wagons,  carts,  and 
carriages.  They  left  eighty-three  wounded  be- 
hind and  thirty  men  to  take  care  of  them; 
among  the  former  were  two  colonels  and  one 
major.  The  last  died  a  few  hours  after.  It  is 
supposed  their  loss,  in  killed  and  wounded, 
amounted  to  500.  The  field  and  road  in  front 
of  Commodore  Barney's  battery  was  strew'd 
with  dead  men  and  horses.  None  but  officers 
being  on  the  latter  their  loss  must  have  been 
severe.  Before  the  commodore  ordered  a  re- 
treat his  horse  was  shot  under  him.  He  was 
himself  wounded,  with  several  of  his  officers 
and  men  ;  and  the  enemy  had  surrounded  his 
brave  band,  having  driven  his  right  flank 
(composed  of  regulars)  from  their  post  and 
thereby  got  in  his  rear.  General  Ross  ac- 
knowledged his  fire  to  have  been  tremendous, 
and  that  his  first  gun  laid  ten  of  his  men  in  the 
dust. 

"One  advantage  their  men  had  over  ours 
was  their  carrying  each  from  sixty  cartridges 
upwards.  They,  however,  were  so  loaded  with 
their  ammunition,  knapsacks,  &c,  and  were  so 
overpowered  by  their  rapid  march,  that  many 
fell  dead  in  the  road.  As  they  passed  through 
Bladensburg  their  mouths  were  open,  gasping 
for  breath,  and  their  officers  were  driving  them 
forward  with  their  swords  and  espontoons. 
Twelve  were  buried  in  one  field  that  had  not  a 
wound.1' 

On  General  Armstrong's  return  to  Washing- 
ton, he  found  the  inhabitants  in  a  state  of 
great  excitement,  a  British  fleet  lying  in  full 
view  opposite  Alexandria,  sacking  the  stores  of 
the  Quakers  of  their  flour ;  that  they  should 
have  been  in  a  state  of  frenzy  will  not  be 
thought  strange,  when  it  is  considered  that  the 
Capitol  had  been  lost ;  that  many  of  them  had 
been  called  out  to  defend  it ;  had  been  ex- 
posed to  great  fatigue  in  marching  and  coun- 
ter-marching, and  finally  ordered  to  retreat 
without  firing  a  gun,  and  no  depot  of  stores  or 
camp  equipage  provided  on  which  to  fall  back ; 
they  did  not  know,  or  if  they  knew,  did  not 
remember,  that  these  errors  and  omissions 
could  not  properly  be  ascribed  to  a  cabinet 
minister,  who  is  only  a  chamber  officer,  hence 
their  wrath  was  erroneously  directed  against 
the  Secretary  of  War,  and  a  thousand  false 
reports  circulated;  among  the  number  was, 
that  to  favor  the  enemy  he  had  caused  Fort 
Warburton  to  be  blown  up  when  it  might 
have  been  defended  ;  whereupon,  the  Secretary 
sent  an  express  to  the  commanding  officer  de- 


manding an   explanation  ;  his  letter   and  the 
answer  thereto,  were  as  follows: 

"  Wak  Department, 

"August  29,  1814. 
"Sir:  I  send  Captain  Manigault  with  orders 
to  receive  your  written  or  verbal  report  of  the 
causes  under  which  you  left  the  post  committed 
to  your  charge.  In  this  you  will  state  the 
orders  under  which  you  acted,  and  from  whom 
received. 

"  I  have  the  honor  to  be,  &c, 

"JOHN  ARMSTRONG. 
"  Captain  Dyson, 

"  Corps  of  Artillery.'11 

"  Camp  at  Mason's  Island, 

"August  29,  1814. 

"  Sir  :  I  had  the  honor  to  receive  your  com- 
munication of  the  29th  inst.  The  orders  re- 
ceived from  Brigadier  General  Winder,  through 
Major  White,  verbally,  on  the  24th  instant,  were, 
in  case  I  was  oppressed  by,  or  heard  of  an  enemy 
in  my  rear,  to  spike  our  guns  and  make  my 
escape  over  the  river.  The  enemy  approached 
by  water  on  the  27th,  and  we  had  learned  on 
that  day,  through  several  channels,  that  the 
enemy  had  been  reinforced  at  Benedict  2,000 
strong,  and  that  ihey  were  on  their  march  to 
co-operate  with  the  fleet,  in  addition  to  the 
force  which  left  the  city.  Under  all  these  cir- 
cumstances the  officers  under  my  command 
were  consulted,  and  agreed  it  was  best  to  aban- 
don the  fort,  and  effect  a  retreat.  The  force 
under  my  command  was  thought  not  equal  to 
a  defence  of  the  place. 

"  I  have  the  honor  to  be,  &c, 

"SAMUEL  T.  DYSON, 

"  Captain  Corps  of  Artillery. 

"Hon.  John  Armstrong, 

"  Secretary  of  War,   Wasltington." 

For  the  protection  of  the  city  the  Secretary 
had  put  at  the  disposition  of  General  Winder 
a  very  large  force,  as  appears  by  the  following 
letter: 

"  War  Department, 

"July  17,  1814. 

"Sir:  In  addition  to  my  circular  letter  of 
the  12th  inst.,  which  subjects  to  your  call  the 
quota  of  Maryland  militia,  you  are  also  au- 
thorized to  draw  from  that  of  Virginia  2,000 
men,  and  from  the  quota  of  Pennsylvania 
5,000.  The  whole  of  the  militia  of  the  District 
of  Columbia,  amounting  to  about  2,000,  is 
kept  in  a  disposable  state,  and  subject  to  your 
orders. 

"  I  am,  sir,  very  respectfully,  your  most  obe- 
dient servant, 

"  J.  ARMSTRONG. 

"Brigadier  General  Winder.'' 

To  give  time  to  sober  reflection,  and  in  the 
hope  that  the  angry  passions  of  the  vexed  mul- 


108 


LIFE   OF   JACOB    BARKER. 


titudes  in  and  about  Washington  would  yield 
to  truth  and  justice,  the  President  recom- 
mended General  Armstrong  to  visit  his  family. 
The  General  left  on  the  morning  followiug  his 
return ;  on  reaching  Baltimore  he  caused  a 
publication  to  be  made  in  the  Baltimore  Pa- 
triot of  the  3d  of  September,  1814,  as  follows: 

•"  LETTER  OF  THE  SECRETARY  OF  WAR. 

il  To  the  editors  of  the  Baltimore  Patriot: 

"  It  may  be  due  to  myself,  and  is  certainly 
due  to  others,  thai  the  reasons  under  which  I 
retired  from  the  direction  of  the  War  Depart- 
ment, at  a  juncture  so  critical  as  the  present, 
should  be  fully  and  promptly  known  to  the 
public.  These  reasons  will  be  found  in  the 
following  brief  expositions  of  facts. 

"On  the  evening  of  the  29th  ultimo  the 
President  called  at  my  lodgings  and  stated  that 
a  case  of  much  delicacy  had  occurred;  that  a 
high  degree  of  excitement  had  been  raised 
among  the  militia  of  the  District ;  that  he  was 
himself  an  object  of  their  suspicions  and 
menaces ;  that  an  officer  of  that  corps  had 
given  him  notice  that  they  would  no  longer 
obey  any  order  coming  through  me  as  Secretary 
of  War ;  and  that,  in  the  urgency  of  the  ease, 
it  might  be  prudent  so  far  to  yield  to  the  im- 
pulse as  to  permit  some  other  person  to  exer- 
cise my  functions  in  relation  to  the  defence  of 
the  District. 

"  To  this  statement  and  proposition  I  an- 
swered substantially  as  follows :  that  I  was 
aware  of  the  excitement  to  which  he  alluded  ; 
that  I  knew  its  source  and  had  marked  its 
progress  ;  that  the  present  was  not  a  moment 
to  examine  its  more  occult  causes,  objects,  and 
agents ;  that  it  ostensibly  rested  on  charges 
known  to  himself  to  be  false ;  that  it  was  not 
for  me  to  determine  how  far  the  supposed 
urgency  of  the  case  made  it  proper  for  him  to 
yield  to  an  impulse  so  vile  and  profligate,  so 
injurious  to  truth,  and  so  destructive  of  order; 
but  that,  for  myself,  there  was  no  choice  ;  that 
I  could  never  surrender  a  part  of  my  legitimate 
authority  for  the  preservation  of  the  rest;  that 
I  must  exercise  it  wholly  or  not  at  all ;  that  I 
came  into  office  with  objects  exclusively  pub- 
lic; and  that  to  accommodate  my  principles  or 
my  conduct  to  the  humors  of  a  village  mob, 
stimulated  by  faction  and  led  by  folly,  was  not 
the  way  to  promote  these ;  and  that,  if  his  de- 
cision was  taken  in  conformity  to  the  sugges- 
tions he  had  made,  I  entreated  him  to  accept 
my  resignation.  This  he  declined  doing.  It 
was  an  extent,  he  was  pleased  to  say,  to  which 
he  meant  not  to  go  ;  that  he  knew  the  excite- 
ment was  limited,  as  well  with  regard  to  time 
as  to  place  ;  that  he  was  now,  and  had  always 
been,  fully  sensible  of  the  general  zeal,  dili- 
gence, and  talent  which  I  had  put  into  the  dis- 
charge of  my  duty ;  and  that  it  would  give  him 


pleasure  were  I  to  take  time  to  consider  his 
proposition. 

"  I  renewed  the  assurance  of  my  great  per- 
sonal respect,  and  my  readiness  to  conform  to 
his  wishes  on  all  proper  occasions.  I  remarked 
that  whatever  zeal,  diligence,  and  talent  I  pos- 
sessed had  been  employed  freely  but  firmly, 
and  according  to  my  best  views  of  the  public 
good,  and  that,  as  long  as  they  were  left  to  be 
so  exerted,  they  were  at  the  service  of  my 
country  ;  but  that  the  moment  they  were  made 
to  bow  to  military  usurpation  or  political  fac- 
tion, there  should  be  an  end  of  their  public  ex- 
ercise. We  now  parted,  with  an  understanding 
that  I  should  leave  Washington  the  following 
morning. 

"  It  has  been  since  staled  to  me  as  a  fact 
(to  which  I  give  the  most  reluctant  belief)  that 
on  the  morning  of  the  29th,  and  before  my 
arrival  in  the  city,  a  committee  of  the  inhabit- 
ants of  Georgetown,  of  whom  Alexander  C. 
Hanson,  editor  of  the  Federal  Republican, 
was  one,  had  waited  on  the  President,  by  de- 
putation, and  had  obtained  from  him  a  promise 
that  I  should  no  longer  direct  the  military  de- 
fences of  the  District.  On  this  fact  all  com- 
mentary is  unnecessary. 

"It  but  remains  to  exhibit  and  to  answer  the 
several  charges  raised  against  me,  and  which 
form  the  groundwork  of  that  excitement  to 
which  the  President  has  deemed  it  prudent  to 
sacrifice  his  authority  in  declining  to  support 
mine.     They  are  as  follows  : 

"  1st.  That  (from  ill-will  to  the  District  of 
Columbia,  and  a  design  to  remove  the  seat  of 
government,)  I  gave  orders  for  the  retreat  of 
the  army  in  the  affair  of  the  24th  ult.,  under 
circumstances  not  making  retreat  necessary  or 
proper. 

"  This  charge  has  not  for  its  support  the 
shadow  of  truth.  The  commanding  general 
will  do  me  the  justice  to  say  that  I  gave  him 
no  such  order,  and  that  he  was  and  is  under 
the  impression  that  the  retreat  was  made  earlier 
than  I  believed  it  to  be  proper. 

"To  the  President  I  appeal  whether  I  did  not 
point  out  the  disorder  and  retreat  of  a  part  of 
the  first  line  soon  after  the  action  begau,  and 
stigmatize  it  as  base  and  infamous. 

"  2d.  Thai,  in  spite  of  the  remonstrance  of 
General  Winder,  and  by  the  rnterposition  of 
my  authority,  I  had  prevented  him  from  de- 
fending the  capital. 

"This  charge  contains  in  it  a  total  perver- 
sion of  the  truth.  When  the  head  of  the  retiring 
column  leached  the  capital,  it  was  halted  for  a 
moment.  General  Winder  here  took  occasion 
to  state  to  Mr.  Monroe  and  myself  that  he  was 
not  in  condition  to  maintain  another  conflict, 
and  that  his  force  was  broken  down  by  fatigue 
and  dispersion. 

"  Under  this  representation  we  united  in 
opinion  that  he  should  proceed  to  occupy  the 
heights  of  Georgetown. 

"  3d.  That  I  had   withdrawn  the    covering 


PORTRAIT    OF   WASHINGTON. 


109 


party  from  the  rear  of  Fort  Washington,  aud 
had  ordered  Captain  Dyson  to  blow  up  the  fort 
■without  firing  a  gun. 

"  This  charge  is  utterly  devoid  of  truth.  The 
covering  party  was  withdrawn  by  an  order  from 
General  Winder,  and  Captain  Dyson's  official 
report  shows  that  the  orders  under  which  he 
acted  were  derived  from  the  same  source, 
though,  no  doubt,  mistaken  or  misrepresented. 

"  4th.  That  by  my  orders  the  navy  yard  had 
been  burned.  This,  like  its  predecessors,  is  a 
positive  falsehood. 

"  Perceiving  that  no  order  was  taken  for 
apprising  Commodore  Tingey  of  the  retreat  of 
the  army,  I  sent  Major  Bell  to  communicate 
the  fact,  and  to  say  that  the  navy  yard  could 
no  longer  be  covered.  The  commodore  was 
of  course  left  to  follow  the  suggestions  of  his 
own  mind,  or  to  obey  the  orders,  if  orders  had 
been  given,  of  the  Navy  Department. 

"  5th.  Aud  lastly,  that  means  had  not  been 
taken  to  collect  a  force  sufficient  for  the  occa- 
sion. 

"As  the  subject  of  this  charge  may  very  soon 
become  one  of  Congressional  inquiry,  I  shall 
at  present  make  but  a  few  remarks : 

"  1st.  That  no  means  within  reach  of  the 
War  Department  had  been  omitted  or  with- 
held ;  that  a  separate  military  district,  em- 
bracing the  seat  of  government,  had  been 
created;  that  an  officer  of  high  rank  and  char- 
acter had  been  placpd  in  charge  of  it ;  that  to 
him  was  given  full  authority  to  call  for  sup- 
plies and  for  a  militia  force  of  fifteen  thou- 
sand men ;  that  to  this  force  was  added  the 
36th  regiment  of  the  line,  a  battalion  of  the 
38th, detachmentsof  the  12th,  of  the  artillery,  and 
of  the  dragoons,  the  marine  corps,  and  the 
crews  of  the  flotilla  under  the  special  command 
of  Commodore  Barney — making  a  total  of 
16,300  men. 

"  General  Winder's  official  report  of  the  en- 
gagement of  the  24th  ult.  shows  how  much  of 
this  force  had  been  assembled,  and  the  causes 
why  a  greater  portion  of  it  had  not  been  got 
together.  These  will  be  fouad  to  have  been 
altogether  extraneous  from  the  government,  and 
entirely  beyond  its  control ;  and — 

11  2d.  That  from  what  is  now  known  of  the 
enemy's  force,  of  the  loss  he  sustained  in  the 
enterprise,  of  the  marks  of  panic  under  which 
he  retreated,  &c,  &c,  it  is  obvious  that  if  all 
the  troops  assembled  at  Bladensburg  had  been 
faithful  to  themselves  and  to  their  country,  the 
enemy  would  have  been  beaten  and  the  capital 
saved. 

"JOHN  ARMSTRONG. 
"  Baltimore,  September  3,  1814." 

The  facts  attending  the  resignation  of  Gen- 
eral Harrison  and  the  appointment  of  General 
Jackson  were  these:  There  had  been  a  very 
great  expenditure  of  money — said  to  be  some- 
thing like  twenty  million  of  dollars — in  the 


Maiden  expedition.  The  expense  of  the  trans- 
portation of  each  barrel  of  flour  through  the 
wilderness  is  said  to  have  cost  little  less  than 
a  thousand  dollars.  This  lavish  use  of  money 
alarmed  the  treasury,  and  crippled  all  the  oper- 
ations of  the  war  in  other  directions.  The  War 
Department,  from  the  necessities  of  the  case, 
admonished  General  Harrison  to  be  more  pro- 
vident in  such  strong  terms  that  he  took  of- 
fence, and  resigned  his  commission,  which  the 
then  Secretary  of  War  promptly  accepted,  with- 
out consulting  the  President,  who  was  absent 
in  Virginia;  and  it  having  been  previously  de- 
termined in  cabinet  council  to  confer  on  Gen- 
eral Jackson  such  an  appointment  as  soon  as 
there  should  be  a  vacancy,  the  Secretary  sent  a 
commission  to  him. 

After  the  battle  of  Bladensburg,  when  the 
British  army  was  advancing  on  Washington,  at 
the  request  of  President  Madison's  lady,  Jacob 
Barker  and  Robert  G.  L.  Depeysler  took  from 
the  President's  house  the  original  portrait  of 
Washington,  by  Stuart.  With  it  in  charge,  they 
fell  into  the  train  of  the  American  army,  then 
retreating  past  the  house,  continuing  with  it 
until  nightfall,  when  they  turned  off  to  a  farm- 
house near  the  margin  of  the  Tiber,  where  they 
passed  the  night  and  left  the  portrait  for  safe- 
keeping. The  American  army  encamped  two 
miles  further  on,  and  early  the  following  day  it 
proceeded  to  Montgomery  couit-house. 

In  the  morning  Barker  and  Depeyster  seated 
themselves  on  a  fallen  tree  near  a  hotel,  about 
which  many  persons  were  congregating.  Wish- 
ing to  proceed,  Barker  told  a  passing  black 
boy  if  he  would  go  to  a  distant  farm  in  view, 
where  there  were  several  horses  grazing,  aud 
procure  a  couple  to  take  himself  and  his  young 
companion  to  the  army,  he  would  give  him  all 
the  money  he  had  in  his  pocket,  exhibiting  it, 
and  saying,  "Here  are  seven  shillings.''  A 
hard  looking  man,  a  butcher  from  Georgetown, 
on  horseback,  hearing  "shillings"  mentioned, 
eyed  the  strangers,  spoke  to  the  landlord,  and 
drove  off  at  full  gallop.  Shortly  after  this  De- 
peyster said,  "I  am  tired  of  sitting  here,  let  us 
proceed  on  foot."  Barker  replied,  "  Sit  still, 
we  are  prisoners ;  that  man,"  pointing  to  the 
landlord,  "is  guarding  us."  "Impossible!"' 
said  Depeyster.  Mr.  Barker  said,  be  quiet  for 
a  few  moments,  and  he  would  understand  the 
whole  matter. 


110 


LIFE    OP   JACOB    BARKER. 


In  about  fifteen  minutes  the  butcher,  accom- 
panied by  an  officer  and  six  or  eight  armed 
troopers,  all  in  uniform,  and  on  horseback,  came 
galloping  over  the  hill,  halting  at  the  tree.  The 
officer  politely  inquired  of  Barker  and  Depeys- 
ter  their  names  and  residence.  Their  replies 
were  disputed  by  the  butcher,  who  insisted  that 
they  were  English  spies;  that  he  had  heard 
Barker  offer  a  black  boy  "shillings"  to  procure 
horsps ;  that  if  *,hey  had  such  currency  as  shil- 
lings, they  must  be  Englishmen.  This  was  too 
much  for  the  proud,  youthful  spirit  of  Depeys- 
ter,  who  quickly  rose  from  his  seat,  giving  the 
lie  to  the  butcher.  Barker  took  him  by  the  arm, 
begged  him  to  resume  his  seat,  and  leave  the 
matter  to  him.  He  did  so,  and  Barker  inquired 
of  the  officer  what  would  be  his  course  if  they 
were  English.  The  officer  replied,  It  will  be 
my  duty  to  send  you  to  the  army  to  be  tried  as 
spies.  Barker  rejoined,  As  we  have  no  proof 
at  hand  to  establish  our  nationality,  the  sooner 
you  send  us  off  the  better;  whereupon,  the  offi- 
cer directed  two  of  his  troopers  to  dismount; 
they  did  so,  and  Barker  and  Depeyster  soon 
occupied  their  vacated  seats  in  the  saddles.  The 
party  rode  off  for  the  army,  out  of  sight  of  the 
butcher.  The  officer  becoming  satisfied  who 
these  strangers  were,  gave  them  permission  to 
proceed  at  a  more  rapid  rate,  unaccompanied 
by  a  single  trooper.  The  weather  was  very 
threatening.  Barker  profited  by  this  indul- 
gence, put  spurs  to  his  horse,  while  Depeyster, 
feeling  indignant  at  his  arrest,  preferred  to  go 
as  a  prisoner  to  the  army.  They  arrived  in 
season  to  escape  a  violent  gust  of  wind  and 
rain,  and  had  the  honor  of  dining  with  General 
Winder  and  General  Armstrong.  During  din- 
ner the  colonels  of  two  Virginia  regiments 
came  in  and  reported  the  arrival  of  their  regi- 
ments, adding  that  the  heavens  had  broke 
loose  ;  that  they  had  no  means  of  feeding  their 
men,  or  sheltering  them  from  the  violence  of 
the  storm  then  raging.  The  commanding  gen- 
eral replied,  "Tell  your  men  to  go  home  to 
their  families.  The  whole  material  of  the  army 
have  crossed  the  Potomac  into  Virginia,  leav- 
ing us  without  meansof  providing  for  our  army." 
Mr.  Barker,  amazed  at  such  a  state  of  things, 
remonstrated,  asking  the  general  if  he  would 
disband  2,000  troops  anxious  to  fight,  leaving 
the  capital  of  this  country,  not  15  miles  distant, 
in  possession  of  an  enemy  only  4,500  strong. 


The  general  replied,  "Troops  are  pouring  in 
from  every  direction,  and  we  shall  have  before 
night,  more  men  than  we  can  feed."  Mr. 
Barker  said,  u  Then  send  them  on  foraging 
parties  in  every  direction,  but  for  God's  sake 
do  not  release  a  man."  The  two  gentlemen 
started  immediately  for  Baltimore,  where  they 
purchased  all  the  hard  bread  to  be  found  in  the 
city,  obtained  a  requisition  for  teams  from  the 
commanding  officer  of  that  city,  and  sent  five 
or  six  Pennsylvania  covered  wagons  loaded 
with  biscuit  the  same  night  for  the  army,  each 
drawn  by  five  horses.  The  expense  attending 
this  proceeding  was  afterwards  promptly  re. 
funded  by  government  to  Mr.  Barker,  allhough 
incurred  without  authority. 

The  sudden  tornado  that  occurred  at  this 
time  was  so  severe  that  it  scattered  the  burning 
fragments  of  the  navy  yard  in  every  direction, 
some  of  which  fell  into  an  old  well  in  which  the 
Americans  had  thrown  fifty  kegs  of  powder, 
when  they  abandoned  the  yard,  which  powder 
exploded,  killing  and  wounding  very  many  of 
the  invaders.  Their  officers  declared  it  to  be 
a  damned  Yankee  trick,  and,  anticipating  the 
explosion  of  other  mines  at  every  step,  they  fled 
to  their  ships  under  cover  of  the  night. 

After  the  lapse  of  a  month  or  two,  Mr. 
Barker  returned  to  the  farm-house  where  the 
painting  had  been  left,  and  caused  it  to  be 
taken  back  to  Washington,  and  delivered  to 
Mrs.  Madison ;  that  good  lady  had  it  reinstated 
in  the  White  House  as  soon  as  it  was  rebuilt, 
encircled  by  an  appropriate  frame. 

The  accuracy  of  a  statement  of  this  affair, 
made  by  Mr.  Barker  and  Mr.  Depeyster,  a 
third  of  a  century  after  its  occurrence,  was 
questioned  by  Daniel  J.  Carroll,  esq.,  when  he 
took  occasion  to  indulge  in  some  very  extraor- 
dinary remarks  in  relation  to  General  Arm- 
strong and  Mr.  Barker. 

On  the  publication  of  Mr.  Carroll's  letter. 
Mr.  Depeyster  applied  to  the  venerable  Mrs. 
Madison  for  her  version  of  the  story.  Her 
reply  appeared  in  the  New  York  Express,  with 
a  copy  of  a  record  made  by  herself  on  the 
memorable  day  of  its  occurrence,  which  fully 
confirms  the  statement  of  Messrs.  Barker  and 
Depeyster: 

"Washington,  February  11,  1848. 

"Dear  Sir:  I  did  not  receive  your  favor 
containing  the   newspapers,  and  therefore  is 


RECORD   OF   MRS.    MADISON. 


Ill 


my  impatience  to  assure  you  of  my  gratitude 

for  the  interest  you  take  in  my  defence  in  the 
little  narrative  of  the  picture  rescue. 

"You  will  see  by  the  enclosed  what  was  said 
at  the  time.  The  impression  that  Mr.  Carroll 
saved  Stuart's  portrait  of  Washington  is  erro- 
neous. The  paper  which  was  to  accompany 
your  letter  has  not  reached  me,  but  I  have 
heard  that  his  family  believed  he  rescued  it. 
On  the  contrary,  Mr.  Carroll  had  left  me  to 
join  Mr.  Madison,  when  I  directed  my  servants 
in  what  manner  to  remove  it  from  the  wall, 
remaining  with  them  until  it  was  done.  I  saw 
Mr.  Barker  and  yourself  (the  two  gentlemen 
alluded  to)  passing,  and  accepted  your  offer  to 
aid  me,  in  any  way,  by  inviting  you  to  help  me 
preserve  this  portrait,  which  you  kindly  carried, 
between  you,  to  the  humble  but  safe  roof  which 
sheltered  it  awhile.  I  acted  thus  because  of 
my  respect  for  General  Washington,  not  that  I 
felt  a  desire  to  gain  laurels;  but,  should  there 
be  a  merit  in  remaining  an  hour  in  danger  of 
life  and  liberty,  to  save  the  likeness  of  anything, 
the  merit  in  this  case  belongs  to  me. 

"Accept  my  respect  and  best  wishes. 

"D.  P.  MADISON. 

"To  Robert  G.  L.  Depeyster, 

" Westport,  Connecticut" 

"Extract  from  a  letter  to  my  sister, published  in 
the  sketch  of  my  life,  written  for  the  Na- 
tional Portrait  Gallery: 

"Tuesday,  August  22,  1814. 
"Dear  Sister:  My  husband  left  me  yester- 
day morning  to  join  General  Winder.  He  in- 
quired anxiously  whether  I  had  courage  or 
firmness  to  remain  in  the  President's  house 
until  his  return,  on  the  morrow  or  succeeding 
day,  and  on  my  assurance  that  I  had  no  fear 
but  for  him  and  the  success  of  our  army,  he 
left  me,  beseeching  me  to  take  care  of  myself, 
and  of  the  cabinet  papers,  public  and  private. 
I  have  since  received  two  dispatches  from  him, 
written  with  a  pencil — the  last  is  alarming,  be- 
cause he  desires  I  should  be  ready  at  a  moment's 
warning  to  enter  my  carriage  and  leave  the  city, 
stating  that  the  enemy  seemed  stronger  than 
had  been  reported,  and  that  it  might  happen 
that  they  would  reach  the  city  with  intention 
to  destroy  it.  *  *  *  *  I  was  accordingly 
ready;  I  have  pressed  as  many  cabinet  papers 
into  trunks  as  to  fill  our  carriage;  our  private 
property  must  be  sacrificed,  as  it  is  impossible 
to  procure  wagons  for  its  transportation;  I  am 
determined  not  to  go  myself  until  I  see  Mr. 
Madison  safe,  and  he  can  accompany  me,  as  I 
hear  of  much  hostility  towards  him.  *  *  * 
Disaffection  stalks  around  us.  *  *  *  * 
My  friends  and  acquaintances  are  all  gone — 
even  Colonel  C,  with  his  hundred  men,  who 
were  stationed  as  a  guard  in  this  enclosure.  * 
*  *  *  French  John,  a  faithful  domestic, 
with  his  usual  activity  and  resolution,  offers  to 
spike  the  cannon  at  the  gate,  and  to  lay  a  train 


of  powder  which  would  blow  up  the  British 
should  they  enter  the  house.  To  the  last  pro- 
position I  positively  objected,  without  being 
able,  however,  to  make  him  understand  why 
advantages  in  war  may  not  be  taken. 

"  Wednesday  morning,  twelve  o'clock. — Since 
sunrise,  I  have  been  turning  my  spyglass  in 
every  direction,  and  watching  with  unwearied 
anxiety,  hoping  to  discern  the  approach  of  my 
dear  husband  and  his  friends;  but,  alas,  I  can 
descry  only  groups  of  military,  wandering  in  all 
directions,  as  if  there  was  a  lack  of  arms  or  of 
a  spirit  to  fight  for  their  own  firesides! 

"  Three  o'clock. — Will  you  believe  it,  my 
sister?  We  have  had  a  battle  or  a  skirmish 
near  Bladensburg,  and  I  am  still  within  sound 
of  the  cannon!  Mr.  Madison  comes  not;  may 
God  protect  him!  Two  messengers,  covered 
with  dust,  come  to  bid  me  fly  ;  but  I  wait  for 
him.  *  *  *  *  At  this  late  hour  a  wagon 
has  been  procured;  I  have  had  it  filled  with 
the  plate  and  most  valuable  portable  articles  be- 
longing to  the  house;  whether  it  will  reach  its 
destination,  the  Bank  of  Maryland,  or  fall  into 
the  hands  of  the  British  soldiery,  events  must 
determine. 

"  Our  kind  friend,  Mr.  Carroll,  has  come  to 
hasten  my  departure,  and  is  in  a  very  bad  humor 
with  me  because  I  insist  on  waiting  until  the 
large  picture  of  General  Washington  is  secured, 
and  it  requires  to  be  unscrewed  from  the  wall. 
This  process  was  found  too  tedious  for  these 
perilous  moments ;  I  have  ordered  the  frame  to 
be  broken,  and  the  canvass  taken  out;  it  is 
done,  and  the  precious  portrait  placed  in  the 
hands  of  two  gentlemen  from  New  York  for 
safe  keeping.  And  now,  dear  sister,  I  must 
leave  this  house,  or  the  retreating  army  will 
make  me  a  prisoner  in  it,  by  filling  up  the  road 
I  am  directed  to  take.  When  I  shall  again 
wTrite  to  you,  or  where  I  shall  be  to-morrow,  I 
cannot  tell! 

"D.  P.  MADISON." 


"  Mrs.  Madison  was  born  on  the  20th  May, 
1767.  She  was  83  years,  1  month,  aud  22 
days  old  at  the  time  of  her  death.  Her  name 
was  Dolly  Payne.  Her  parents  were  natives 
of  Virginia,  and  ranked  among  the  most 
respectable  citizens  of  the  State.  While  on  a 
visit  to  some  of  her  friends  in  North  Carolina, 
Mrs.  Payne  gave  birth  to  her  eldest  daughter, 
the  subject  of  this  memoir,  who,  although  acci- 
dentally born  in  another  State,  claims  the  title  so 
dear  to  all  who  possess  it  of  being  a  Virginian. 
In  disposition  she  is  decidedly  so,  having  been 
imbued  by  nature  with  all  that  warmth,  frank- 
ness, and  generosity  which  are  the  distinguish- 
ing traits  of  the  Virginian  character. 

"  Soon  after  their  marriage,  Mr.  and  Mrs. 
Payne  joined  the  Society  of  Friends,  or 
Quakers,  manumitted  their  slaves,  and  re- 
moved to  Pennsylvania.  The  subject  of  this 
memoir  was  educated  in  Philadelphia,  accord- 


112 


LIFE   OF   JACOB   BARKER. 


ing  to  the  strict  system  of  the  society  to  which 
her  family  belonged;  a  system  which  has 
utility  for  its  basis,  and  which  forbids  the 
acquirement  of  those  graceful  and  ornamental 
accomplishments  which  are  too  generally  con- 
sidered the  most  important  parts  of  female 
education. 

"At  an  early  age  Miss  Payne  was  married  to 
Mr.  Todd,  a  young  lawyer  of  Philadelphia,  and 
a  member  of  the  Society  of  Friends.  During 
his  lifetime  she  continued  to  live  in  the  sim- 
plicity and  seclusion  of  that  sect,  though, 
even  then,  the  beauty  which  became  after- 
wards so  celebrated  began  to  attract  atten- 
tion. Soon,  however,  she  was  left  a  widow, 
with  an  infant  son.  After  the  death  of  her 
husband,  her  father  also  being  dead,  she 
returned  to  live  with  her  surviving  parent,  who 
had  fixed  her  residence  in  Philadelphia. 

"The  personal  charms  of  the  young  widow, 
united,  as  they  were,  with  manners  cordial, 
frank,  and  gay,  excited  the  admiration  and 
awakened  the  kind  feelings  of  all  who  came  with- 
in her  influence;  and,  unaided  by  the  extrinsic 
and  accidental  advantages  of  fortune  or  fashion, 
she  became  a  general  favorite,  and  (he  object 
net  only  of  admiration,  but  of  serious  and 
devoted  attachment.  Among  many  lovers, 
equally  distinguished  by  their  rank  and  talents, 
who  sued  for  her  favor,  she  gave  the  preference 
to  Mr.  Madison,  then  one  of  the  most  con- 
spicuous and  respectable  members  of  Congress; 
and,  in  the  year  1794,  became  the  wife  of  that 
truly  great  and  good  man.  From  that  time 
until  Mr.  Madison  came  into  the  administration, 
along  with  Mr.  Jefferson,  she  lived  in  full 
enjoyment  of  that  abundant  and  cordial  hospi- 
tality which  is  the  distinguishing  characteristic 
of  a  Virginia  planter.  The  house  was  always 
filled  to  overflowing  with  guests,  who  came  not 
ceremoniously  invited  to  formal  entertainments, 
but  freely  and  kindly  bidden  to  the  hospitable 
board  and  social  pleasures  of  the  domestic 
circle.  Her  widowed  mother  and  orphan 
sisters  were  made  partners  of  the  bounties  and 
blessings  lavished  on  her  by  a  kind  Providence; 
and  the  fond  affection  of  her  husband  was 
evinced  by  the  regard  and  kindness  he  showed 
to  all  whom  she  loved  and  cherished,  and,  on 
her  part,  was  reciprocated  by  a  similar  atten- 
tion to  the  happiness  and  comfort  of  his  aged 
mother,  who  continued  to  dwell  with  her  son. 
In  this  situation  Mrs.  Madison  appeared  to  be 
in  the  very  sphere  for  which  nature  had  de- 
signed her.  Her  circumstances  were  in  perfect 
accordance  with  her  disposition,  ant  the  liberal 
gifts  of  fortune  were  liberally  participated  with 
all  around  her.  The  happiness  she  herself  en- 
joyed she  bestowed  on  others  ;  and  the  sunshine 
of  her  own  bosom  gladdened  with  its  warmth 
and  brightness  the  little  world  of  which  she 
was  the  centre — her  family  and  friends. 

"  Mr.  Madison  being  appointed  Secretary  of 
State,  removed  with  his  family  from  his  happy 
home  to  Washington,  in  April,  1801. 


"After  Mr.  Jefferson  left  the  city  Mr.  Madi- 
son removed  to  the  President's  house,  which 
soon  became  the  centre  of  a  pay  and  brilliant 
circle,  and  yet  of  social  and  delightful  society. 
In  addition  to  large  dinners  every  week,  a 
drawing-room  was  now  opened,  where  the 
beauty  and  fashion  of  the  nation  found  the 
best  theatre  for  display.  Those  who  remem- 
bered the  stiff  formality  and  strict  ceremonials 
of  Mrs.  Washington's  drawing-room,  antici- 
pated a  renewal  of  the  same  dull  scene.  But 
Mrs.  Madison  was  a  foe  to  dulness  in  every 
form,  even  when  invested  with  all  the  dignity 
which  high  ceremonial  could  bestow.  All 
unnecessary  etiquette  was  banished,  and  no 
requisitions  made  beyond  those  which  regulated 
good  society  in  private  houses. 

"The  sunshine  of  prosperity  shed  its  most 
unclouded  rays  on  this  favorite  of  nature  and 
of  fortune.  But  prosperity  could  not  spoil 
her — could  not  harden  a  heart  susceptible  of 
all  the  tenderest  charities  of  life. 

"Much  as  she  graced  her  public  station,  she 
has  been  not  less  admirable  in  domestic  life. 
Neighborly  and  companionable  among  her 
country  friends  as  if  she  had  never  lived  in  a 
city  ;  delighting  in  the  society  of  the  young, 
and  never  better  pleased  than  when  promoting 
every  youthful  pleasure  by  her  participation. 
She  still  proved  herself  the  affectionate  and 
devoted  wife  during  the  years  of  suffering 
health  of  her  excellent,  husband.  Without 
neo-lecting  the  duties  of  a  kind  hostess,  a  faith- 
ful friend  and  relative,  she  smoothed  and 
enlivened,  occupied  and  amused  the  languid 
hours  of  his  long  confinement.  He  knew, 
appreciated,  and  acknowledged  the  blessing 
which  Heaven  had  bestowed  on  him  in  giving 
him  such  a  wife." 

On  this  subject  Mr.  Barker  published  the 
following : 

"New  Orleans,  February  8,  1843. 

"Sir  :  I  have  this  morning,  for  the  first  time, 
seen  your  letter,  dated  New  York,  1st  Decem- 
ber, 1847,  entitled  'An  important  incident  in 
the  last  war  with  Great  Britain,'  published  in 
the  New  York  Herald  of  the  31st  January 
ultimo.  In  that  letter  you  undertake  to  ques- 
tion the.  accuracy  of  my  reply  to  inquiries 
made  by  Robt.  Gr.  L.  Depeyster,  esq.,  as  to 
that  affair.  I  was  mistaken  in  locating  the 
residence  of  your  late  father  at  Duddington,  in 
place  of  Bellevue.  I  believe  those  farms  are 
in  sight  of  each  other.  I  was  not  familiar  with 
±he  names  of  the  various  plantations  in  that 
neighborhood,  and  was,  therefore,  dependent 
on  a  gentleman  here,  from  the  district,  for  in- 
formation as  to  residence.  I  was  ignorant  of 
the  fact  that  there  were  three  Carroils  of  ad- 
vanced age  and  great  celebrity.  My  intention 
in  describing  the  residence  of  your  venerable 
father,  Charles  Carroll,  of  Bellevue,  was  to 
distinguish  him  from  the  venerable  Charles 
Carroll,  of  Carroliton. 


LETTER   TO    DANIEL   J.    CARROLL. 


113 


"It  is  to  be  regretted  that  so  slight  and  im- 
material an  error  as  the  name  of  the  planta- 
tion on  which  a  private  individual  resided — an 
error  which  could  so  easily  have  been  corrected 
without  exciting  any  of  the  angry  passions — 
should  have  provoked  your  ire  to  so  high  a 
degree  as  to  have  induced  you  to  write  and 
publish  more  than  a  column  of  closely  written 
matter,  full  of  unkind  and  ungenerous  personal 
reflections.  However,  we  will  let  those  matters 
pass;  while  it  may  be  proper  for  me  to  point 
out  some  little  inaccuracies  in  your  statement. 
First:  Mr.  Madison  and  Mr.  Monroe  did  not 
leave  Washington  together,  nor  at  the  same 
hour,  on  the  memorable  24ih  August,  1814,  to 
visit  General  Winder  and  to  reconnoitre  the 
enemy  at  Bladensburg;  consequently  your 
father  could  not  have  accompanied  them  both. 
I  was  present  and  witnessed  the  departure  of 
Mr.  Madison,  accompanied  by  his  servant  and 
Mr.  Rush,  the  Attorney  General,  and  I  did  not 
see  your  father  until  my  return  to  the  White 
House.  I,  therefore,  presume  he  accompanied 
Mr.  Monroe  and  swapped  horses  with  him. 

"The  day  before  the  fall  of  the  Capitol  the 
President,  accompanied  by  General  Armstrong, 
(your  father  may  have  been  of  the  party,)  re- 
paired to  the  Wood-yards,  situated  twelve  miles 
from  Washington,  where  the  American  troops 
were  encamped,  for  the  purpose  of  recon- 
noitring and  seeing  General  Winder. 

"The  general  was  not  there,   and  they  re- 
turned without  seeing  him,  convinced  that  the 
enemy  would  be  in  the  capital  the  next  day. 
Ou  that  occasion  the  President's  horse   may 
have  become  lame,  and  your  father  may  have 
made  the  exchange  with  him,  and  returned  to 
the  White  House,  by  invitation,  and  remained 
there  until  the  next  day ;  or  he  may  have  ex- 
changed horses  with  him  at  the  house  where 
the  cabinet  council  was  held,  before  the  Pre- 
sident set  out.     Mr.  Monroe  and  General  Ma- 
son were   at   Bladensburg   assisting    General 
Winder  in  forming  the  troops  for  the  fight. 
General  Armstrong,  accompanied  by  George 
Washington  Campbell,  reached  the  spot  as  did 
the  President,  accompanied  bv  Richard  Rush. 
They  were  all  there  when  the  Congreve  rockets 
were  first  thrown,  with  which  the  battle  and 
fight  commenced.     At  what  time  Mr.  Monroe 
went  to  Bladensburg  I  do  not  know,  probably 
very  early,  as  he  was  not  at  the  cabinet  coun- 
cil convened  at  seven  o'clock  a.  m.,  on  that  day, 
near  the  navy  yard,   at   which  the  President, 
General  Armstrong,  Mr.  Campbell,  Mr.  Rush, 
and  Mr.  Jones  attended.     And  I   think   you 
have  also  been  led  into  error  about  your  father 
having  been  sitting  at  table  with  Mrs.  Madison 
after  the  dinner  was  over,  when  the  servant 
arrived  with  notice  of  the  retreat  of  our  troops. 
"The  President  left  Washington  at  about  9 
a.  m.,  in  great  haste,  to  recall  General  Arm- 
strong, who  had  preceded  him  about  an  hour 
with  the  President's  order  to  supersede  General 
Winder  in  the    defence  of  the  capital ;  and 

8 


reaching  the  ground  a  few  minutes  before  the 
figh<  began,  said  to  General  Armstrong:  'It  is 
too  late  to  make  any  change — come  with  me 
and  leave  the  defence  with  the  military  au- 
thorities, where  it  belongs ;'  then  turned  to  Mr. 
Monroe,  and  other  officials  who  were  on  the 
ground,  and  said  the  same  thing  to  them. 
They  all  bowed  assent — General  Armstrong 
remarking,  if  the  President  would  wait  a  mo- 
ment he  would  see  the  effect  of  the  Congreve 
rockets;  that  the  enemy  were  then  preparing 
to  let  them  off.  To  which  the  President  had 
scarce  time  to  reply  before  the  rockets  came 
whistling  about  their  ears,  which  caused  an 
instantaneous  flight  of  the  troops,  with  the  ex- 
ception of  one  or  two  regiments  of  Maryland 
militia.  I  believe  the  5th  and  9th  made  fight 
and  distinguished  themselves.  To  those  regi- 
ments which  made  good  battle  were  attached 
General  Stausbury  and  Colonel  Pinckney. 

"On  their  retreat,  about  one  mile  and  a  half 
from  Bladensburg,  towards  the  capital,  the  Pre- 
sident met  Commodore  Barney  and  his  brave 
men,  who  dealt  out  death  and  destruction  to 
the  enemy  with  tremendous  effect,  until  the 
commodore  was  shot  down  at  his  gun  for  the 
want  of  having  his  flanks  protected.  I  had 
the  relation  of  this  affair  from  the  President  at 
the  White  House,  on  the  day  of  its  occurrence. 
He  remarked  that  he  never  would  have  be- 
lieved in  the  difference  between  regular  troops 
and  militia,  if  he  had  not  witnessed  the  sceues 
of  that  day. 

"As  soon  as  our  troops  broke  and  retreated, 
the  President  sent  his  servant  express  to  warn 
his  good  lady  of  her  danger,  with  directions  to 
leave  immediately.  This  messenger  must  have 
reached  the  White  House  by  two  o'clock,  and 
Mrs.  Madison,  Mr.  and  Mrs.  Cutts,  and  servants 
left  immediately  thereafter,  and  there  was  not 
any  appearance  of  dinner,  or  preparation  for 
dinner,  about  the  rooms  where  the  family 
usually  dined.  It  was  too  early  in  the  day  for 
such  an  expose.  These  facts,  together  with  the 
absence  of  the  President,  the  occasion  of  his 
absence,  and  the  other  attendant  circumstances, 
forbid  the  idea  that  your  father  had,  by  invita- 
tion that  day  given  by  the  President,  been 
dining  with  his  lady;  that  the  dinner  was  over; 
and  that  they  were  sitting  at  the  table,  after  the 
cloth  was  removed,  when  the  messenger  ar- 
rived. I  presume  he  was  there  when  the  mes- 
senger arrived,  and  that  he  had  exchanged 
horses  with  Mr.  Monroe  on  the  road,  as  you 
intimate,  and  not  with  the  President.  Mrs. 
Madison  was  not  the  lady  to  have  had  dinner 
over,  in  the  absence  of  her  husband,  before  two 
o'clock,  when  his  return  was  momentarily  ex- 
pected, and  especially  not  when  her  whole 
thoughts,  and  those  of  her  household,  must 
have  been  engrossed  with  the  exciting  occur- 
rences of  the  day;  nor  was  it  the  fashion  at 
the  White  House  to  have  dinner  over  at  that 
time  on  ordinary  occasions.  The  messen- 
ger preceded  me  five  or  ten  minutes,  having 


114 


LIFE   OF   JACOB   BARKER. 


passed  me  on  the  Pennsylvania  avenue,  and 
given  the  information,  with  a  request  that  I 
would  repair  to  the  house  and  assist  in  their 
departure.  I  do  not  perceive  the  importance 
of  whether  this  was  before  or  after  dinner,  or 
whether  your  father  had,  by  special  invitation 
of  Mr.  Madison  or  otherwise,  dined  with  his 
lady  on  that  or  any  other  day ;  nor  do  I  per- 
ceive why  you  have  introduced  it  into  your 
strictures  upon  my  narrative.  Whether  I  found 
your  father  there,  or  whether  he  came  in  subse- 
quently, I  do  not  know;  but  I  do  know  that 
he  assisted  in  taking  down  the  portrait  of 
Washington  and  left  the  house  with  the  Presi- 
dent, leaving  the  portrait  on  the  floor  of  the 
room  in  which  it  had  been  suspended  to  take 
care  of  itself,  where  it  remained  until  the  rem- 
nant of  our  army,  reduced  to  about  4,000, 
passed  by,  taking  the  direction  of  Georgetown, 
when  the  portrait  was  taken  by  Mr.  Depeyster 
and  myself,  assisted  by  two  colored  boys,  from 
the  said  room ;  and  with  it  we  fell  into  the 
trail  of  the  army  and  continued  with  it  some 
miles.  Overtaken  by  night,  and  greatly  fatigued, 
we  sought  shelter  in  a  farm  house.  No  other 
persons  assisted  in  removing  or  preserving  the 
picture.  I  acted  at  the  special  request  of  Mrs. 
Madison,  and  Mr.  Depeyster  co-operated  with 
me  in  carrying  her  wishes  into  effect.  I  always 
supposed  the  praiseworthy  solicitude  originated 
with  her;  it  would  require  very  positive  and 
clear  proof  to  induce  me  to  change  that 
opinion.  It  certainly  did  not  originate  with 
me  or  with  Mr.  Depeyster;  nor  have  I  ever 
intimated  that  any  other  than  Mrs.  Madi- 
son was  entitled  to  the  least  credit  therefor.  I 
imported  from  London  for  Fulton  the  first 
steam  engine  that  was  ever  in  successful  oper- 
ation for  marine  purposes ;  yet  it  would  have 
been  as  preposterous  for  me  to  have  claimed 
any  share  in  the  merit  of  the  invention,  as  for 
a  postboy  who  delivers  the  sealed  letter  con- 
taining some  beautiful  effusion  from  a  poet  of 
celebrity  to  claim  a  share  of  the  bard's  re- 
nown ! 

"You  have  seized  on  this  occasion  to  repeat 
the  often-refuted  calumnies  against  General 
Armstrong.  You  say  that  your  father  grossly 
insulted  that  meritorious  minister  of  state  on 
his  return  to  Washington,  after  the  Vandals 
had  evacuated  that  city;  and  this  too  in  the 
presence  of  the  President;  and  that  your 
father  was  the  friend  of  the  President.  All 
this  may  be  true,  although  I  am  very  unwilling 
to  believe  that  any  gentleman  of  his  high  repu- 
tation fordecornm  should  have  so  farencroached 
on  the  rules  of  old-fashioned  politeness  and  pro- 
priety, as  to  take  upon  himself  to  judge  of 
matters  of  high  state  importance — matters  con- 
fided exclusively  to  the  President  and  to  Con- 
gress— and  condemn  without  a  hearing.  That 
your  father  may  have  been  excited  at  the  mo- 
ment, and  given  way  to  some  rash  expressions 
at  the  prospect  before  him  of  having  the  seat 
of  government  removed  beyond  the  mountains, 


which  then  appeared  likely  to  happen,  and  the 
consequent  depreciation  of  the  value  of  his 
property,  may  very  well  be;  but  that  he  should 
have  cherished  through  life,  and  you  inherited, 
and  allowed  to  fester  in  your  bosom,  for  years 
after  both  your  father  and  General  Armstrong 
had  been  gathered  to  their  fathers,  the  deep 
animosity  expressed  in  your  letter  was  not  to 
have  been  expected;  and  furnishes  a  lamenta- 
ble picture  of  poor  human  nature.  Such  feel- 
ings are  sometimes  tolerated^  where  there  has 
been  a  deep  personal  injury,  but  never  imputed 
to  pure,  disinterested  patriotism.     You  say: 

"'At  their  first  meeting,  which  took  place 
soon  after  the  enemy  had  evacuated  the  city, 
in  presence  of  the  President  himself,  at  the 
moment  General  Armstrong  on  his  return  to 
Washington  rode  up  saluting  him  and  shaking 
hands  with  some  of  the  members  of  the  cabi- 
net, and  before  the  troops  there  assembled  in 
the  field,  who  refused  longer  to  acknowledge 
or  obey  him,  (General  Armstrong,)  on  that 
memorable  occasion  when  Mr.  Charles  Carrollr 
of  Bellevue,"  etc.  In  this  there  is  some  mis- 
take, as  I  was  dining  with  the  President  in  F 
street  when  the  Secretary  of  War  returned  to 
Washington;  he  alighted  at  O'Neal's  hotel,  when 
a  messenger  came  to  notify  the  President,  who 
withdrew  from  the  table,  saying.  '  General 
Armstrong  has  arrived;  I  must  go  and  see 
him  ;'  and  repaired  to  the  office  of  the  Sec- 
retary of  State,  which  was  very  near  said 
hotel,  where  General  Armstrong  met  him ; 
they  had  a  long  interview — separated  to  meet 
again  at  8  o'clock  that  evening — they  did 
meet — had  a  very  satisfactory  interview,  in 
which  the  President  told  the  Secretary  he  had 
but  one  thing  to  complain  of,  which  was  his 
'precipitancy  in  accepting  the  resignation  of 
General  Harrison,  and  the  appointment  of 
General  Jackson,  in  his  absence  on  a  visit  to 
Virginia,  without  consulting  him.'  " 

"When  General  Armstrong  returned  to  the 
hotel  from  this  last  interview,  he  informed  me 
that  he  should  leave  at  sunrise  the  next  morn- 
ing for  New  York ;  that  as  I  was  about  taking 
that  course  he  would  wait  at  Baltimore  for  me. 
In  the  morning  I  accompanied  him  as  far  as 
Bladensburg,  and  returned  to  the  city;  settled 
all  the  accounts  of  the  Secretary,  and  left  the  next 
day  for  Baltimore,  with  a  message  from  the 
President  to  General  Armstrong:  'that  the 
President  expected  him  back  after  passing  a 
few  weeks  with  his  family,  with  assurances  that 
he  would  sustain  him  in  the  office  of  Secretary 
of  War,  in  despite  of  all  opposition.'  On 
reaching  Baltimore  I  delivered  the  message, 
when  General  Armstrong  replied:  'My  deter- 
mination is  taken,'  handing  me  a  paper,  saying 
1  read  that;  it  shall  appear  to-morrow  if  there  is 
a  newspaper  in  Baltimore  that  will  publish  it.' 
It  was  an  address  to  the  public,  complaining 
among  other  things  of  the  influence  of  a  faction, 
a  village  mob,  at  Georgetown,  over  the  Wash- 
ington cabinet.     I  endeavored  to  dissuade  the 


LETTER    TO   DANIEL   J.    CARROLL. 


115 


Secretary  from  his  purpose — not  succeeding,  I 
caused  the  address  to  be  published  in  the  Balti- 
more Patriot  on  the  following  day,  and  thus 
ended  the  connexion  between  General  Arm- 
strong and  the  cabinet  of  Mr.  Madison. 

"If  your  father  entertained  the  opinions  you 
ascribe  to  him,  he  undoubtedly  mentioned  them 
to  his  friend,  Mr.  Madison,  although  he  did  not 
proclaim  them  in  his  presence  at  the  time  you 
mention.  His  influence  with  Mr.  Madison 
could  not  have  been  very  great,  as  he  enter- 
tained opinions  directly  the  reverse,  and  was 
determined  to  sustain  Gen.  Armstrong  in  despite 
of  the  Georgetown  faction,  which  was  resolved 
to  put  aside  all  obstacles  to  the  election  of  Mr. 
Monroe  to  the  presidency.  Two  of  their 
militia  generals,  of  Bladensburg  celebrity,  it 
was  said,  had  threatened  to  throw  their  epau- 
lettes into  the  river  if  the  President  did  not. 
dismiss  the  Secretary  of  War.  This  was  all 
the  refusal  of  the  troops  to  obey  him  I  ever 
heard  of,  nor  could  they  refuse,  as  it  is  not  in 
the  province  of  the  Secretary  of  War  to  have 
any  intercourse  with  the  troops  except  through 
the  commanding  general.  There  were  not  any 
troops  in  the  field  to  refuse  to  acknowledge  or 
to  obey  the  Secretary  of  War.  If  there  had 
been,  who  ever  heard  of  troops  acknowledging 
or  refusing  to  obey  the  orders  of  a  mere  cham- 
ber oflicer?  Besides,  General  Armstrong  was 
the  most  unlikely  man  on  earth  to  violate  all 
military  usage  by  the  assumption  of  such  an 
interference. 

"At  dinner  on  the  day  in  question,  the 
President's  lady,  in  his  presence,  observed 
to  me:  'Mr.  Barker,  your  friend,  General 
Armstrong,  is  expected  this  day,  and  I  have 
sent  a  servant  to  meet  and  inform  him  that 
there  were  certain  individuals  in  Georgetown 
determined  to  insult  him  as  he  passed  through  ; 
therefore  he  had  better  come  to  the  city  by  a 
different  route.'  My  reply  was:  that,  as  a 
New  Yorker,  I  should  have  been  both  pleased 
and  very  much  obliged  if  pistols  had  been  sent 
with  notice  of  the  threatened  insult.  The 
threatened  insult  was  not  offered.  Perhaps  it 
was  those  redoubtable  men  to  whom  you  allu- 
ded when  you  said  'troops  in  the  field.' 

"The  President's  omission  to  place  those 
two  militia  officers  under  arrest  was  the 
probable  cause  why  the  Secretary  would  not 
again  take  his  seat  in  the  cabinet.  Mr. 
Madison's  position  gave  him  a  much  better 
opportunity  to  know  the  merits  of  General 
Armstrong's  conduct  than  any  private  individ- 
ual had;  hence,  it  was  not  strange  that  the 
influence  of  your  father,  and  that  of  the  George- 
town militia,  who  had  not  drawn  a  trigger  in  de- 
fence of  the  Capitol,  should  not  have  prevailed.' 

"General  Armstrong  was  not  out  on  horse- 
back after  his  return  until  he  left,  then  I  was 
with  him,  and  no  such  meeting  as  that  you 
describe  took  place,  hence  I  consider  the  whole 
story  a  fiction,  and  for  the  reputation  of  your 
honored  father  I  hope  it  is  so. 


"  You  had  better  refer  to  the  report  of  the 
Congressional  Committee  of  Investigation  for 
the  causes  which  led  to  the  loss  of  the  Capitol, 
when  you  will  find  that  illustrious  patriot  ex- 
culpate 1  from  blame.  lie  was  a  chamber 
officer,  and  could  not,  without  special  authority 
from  the  President,  take  part  in  the  field.  His 
efforts  were  confined  to  carrying  into  effect  the 
laws  of  Congress.  He  did  this  faithfully. 
Washington  was  not  a  fortified  city;  not  a  gun 
was  mounted  there  for  its  defence.  The  10th 
military  district,  embracing  Washington,  was 
created,  and  the  command,  by  the  influence  of 
Mr.  Monroe,  given  to  General  Winder,  for  the 
protection  of  the  city.  This  appointment  was 
made  in  direct  opposition  to  the  advice  of 
General  Armstrong. 

"This  happened  soon  after  the  unfortunate 
convention  was  concluded  by  General  Winder, 
in  Canada,  under  the  direction  of  Mr.  Monroe, 
then  Secretary  of  State,  with  Adjutant  General 
Baines,  for  the  exchange  of  prisoners,  giving 
up  the  forty-six  who  had  been  imprisoned  in 
Ohio  to  abide  the  fate  of  the  twenty-three 
adopted  citizens  who  had  been  sent  to  London 
to  be  tried  for  their  lives,  having  been  taken 
fighting  against  their  king,  leaving  those 
twenty-three  adopted  citizens  at  the  mercy  of 
the  king. 

"And  if  General  Winder  did  not  establish 
suitable  depots  of  provisions  and  munitions  of 
war  to  fall  back  on  in  case  of  retreat,  or 
arrange  the  force  placed  at  his  disposal  so  as 
to  make  a  vigorous  resistance,  surely  it  was  not 
the  fault  of  a  chamber  officer,  unless  he  with- 
held funds  which  had  been  appropriated  by 
Congress  for  that  object,  which  no  one  pre- 
tends. Look  at  the  difference  between  the 
battle  of  Bladensburg  and  those  of  Palo  Alto, 
Monterey,  Buena  Vista,  Contreras,  &c,  in 
nearly  all  of  which  the  greatest  number  were 
militia.  In  that  of  Bladensburg  our  forces 
were  more  than  double  the  number  of  the 
enemy,  in  the  other  cases  the  enemy  outnum- 
bered our  forces  three  or  four  to  one.  Suppose 
the  Secretary  at  War  should  attempt  to  appro- 
priate the  renown  won  by  the  skill  and  courage 
of  our  officers  and  soldiers  in  these  Mexican 
battles,  what  would  be  thought  of  him  ?  And 
if  he  has  no  claim  to  share  therein,  when  the 
case  resulted  otherwise  the  Secretary  of  War 
could  not  be  considered  answerable.  In  Gen- 
eral Armstrong's  reply  to  the  inquiry  of  the 
Congressional  Committee  of  Investigation,  he 
says:  'The  loss  of  your  Capitol  is  mainly  to  be 
ascribed  to  that  love  of  life  which  so  generally 
pervaded  the  ranks  of  your  militia.'  Washing- 
ton was  not,  in  a  military  point  of  view,  an 
object  of  attack,  no  one  anticipated  so  desper- 
ate an  incursion  for  the  mere  purpose  of  de- 
stroying legislative  halls,  and  literary  and 
scientific  institutions. 

"  At  that  time  we  were  without  money  where- 
with to  enlist  troops  or  build  forts;  we  had  not 
enough    to   pay   the   enlisting   bounty  to   the 


116 


LIFE    OF   JACOB   BARKER. 


soldier,  or  to  feed,  clothe,  or  move  a  single 
regiment — our  imports  cut  off  bj  the  war,  non- 
importation laws,  and  blockades,  no  money  in 
the  treasury  wherewith  to  pay  the  dividends 
and  stock  and  treasury  not«s  maturing,  how 
then  could  the  Secretary  of  War  have  provided 
for  the  defence  of  the  city?  His  successor  did 
not  take  any  steps  to  defend  the  city  against 
another  attack,  and,  although  thirty  or  forty 
years  have  elapsed  since  that  occasion,  all  the 
financial  embarrassments  passed  away,  thirty 
or  forty  millions  of  money  given  to  the  several 
States  because  Congress  did  not  know  what 
else  to  do  with  their  surplus  revenue,  and  yet 
not  a  man  of  any  party  has  suggested  an  appro- 
priation for  the  fortification  and  defence  of 
Washington.  What  better  commentary  is  re- 
quired on  the  idle  complaint  made  against 
General  Armstrong  for  neglecting  the  defence 
of  the  Capitol? 

"  Your  obedient  servant, 

"JACOB  BARKER. 
"  Daniel  J.  Carroll,  esq." 

"  New  Orleans,  May  5,  1848. 

"  Dear  Sir  :  Doctor  Carroll  has  appeared 
again  in  the  columns  of  your  paper.  It  is 
strange  that  he  does  not  understand  human 
nature  better  than  to  indulge  in  coarse  epithets 
and  vulgar  phrases.  This  is  an  age  of  reason 
and  dignity  of  thought,  and  he  who  expects  to 
make  a  favorable  impression  on  the  public 
mind  by  such  scurrility  as  the  Doctor  has  in- 
dulged in  will  find  himself  mistaken. 

"  I  should  have  deemed  the  author  of  such 
epistles  unworthy  of  notice  had  they  not  found 
a  place  in  a  respectable  newspaper.  Your  hav- 
ing thought  proper  to  give  publicity  to  this 
man's  abuse  of  me,  it  would  have  been  kind  in 
you  to  have  published  in  your  invaluable  paper 
Mrs.  Madison's  statement  and  my  reply  to  his 
first  effusion,  which  effusion  appeared  in  the 
Herald  of  the  31st  January  last.  In  days  past 
you  seemed  to  delight  in  vindicating  your  old 
friend,  and  did  it  with  great  ability  and  suc- 
cess, insomuch  that  you  corrected  and  con- 
trolled the  public  opinion  of  the  nation. 

"The  Doctor  asks  his  readers  to  discredit 
my  statement,  viz:  'As  soon  as  our  troops  broke 
and  retreated,  the  President  sent  his  servant 
express  to  warn  his  good  lady  of  her  danger, 
with  directions  to  leave  immediately.  This 
messenger  must  have  reached  the  White  House 
by  2  o'clock,  and  Mrs.  Madison,  Mr.  and  Mrs. 
Cutts,  and  servants,  left  immediately  thereafter,' 
because  Mrs.  Madison  times  a  letter  written  to 
her  sister  on  that  day,  at  the  White  House,  '3 
o'clock,'  in  which  is  mentioned  the  arrival  of 
the  servant  to  bid  her  fly.  The  difficulty  in 
taking  down  the  portrait,  its  accomplishment, 
its  delivery  to  two  gentlemen  from  New  York, 
the  arrival,  dialogue,  ill-humor,  and  departure 
of  the  Doctor's  father,  leaving  Mrs.  Madison 
dependent   on   her  servants  to  complete   the 


work,  with  the  arrangement  of  other  matters 
necessary  for  a  journey  and  long  absence,  may 
well  have  occupied  an  hour,  and  in  nowise 
rendered  the  use  of  the  expressions  'imme- 
diately thereafter'  improper.  Had  it  been  other- 
wise, no  person  can  be  expected  to  recollect 
time  vvith  such  precision  as  to  state  the  exact 
minute  of  an  occurrence,  after  a  lapse  of  thirty- 
three  years,  without  there  having  been  some 
incident  to  engrave  it  on  the  brain. 

"Again:  in  naming  the  hour,  Mrs.  Madison 
may  not  have  consulted  the  clock.  Had  the 
note  been  written  twenty  minutes  after  or 
twenty  minutes  before  3  o'clock,  that  hour 
might  have  been  mentioned  without  subjecting 
the  writer  to  any  unfavorable  criticism ;  hence 
that  record,  so  far  from  discrediting  my  state- 
ment, fully  sustains  it.  The  Doctor  seems  to 
have  taken  great  offence  at  the  belief  expressed 
by  me  that  the  alleged  insult  offered  at  that 
place  by  his  father  to  the  Secretary  of  War  was 
a  fiction. 

"  The  Doctor  professes  to  give  the  state- 
ments of  unnamed  witnesses.  Let  the  public 
have  their  names  before  their  pretended  state- 
ments are  considered  or  discussed  in  detail. 
There  should  not  be  any  concealment.  The 
opposing  party  should  have  an  opportunity  to 
ask  explanations  from  all  witnesses,  and  to  test 
their  credibility  before  it  is  too  late.  I  may 
yet  live  a  hundred  years,  but  it  is  not  probable 
that  many  others  who  were  in  the  vicinity  of 
the  far-famed  Bladensburg  races  will  retain 
their  recollection  of  such  unimportant  matters 
so  long.  Therefore  the  Doctor's  witnesses 
should  appear  immediately  with  his  promised 
statement  of  facts  connected  with  this  affair. 
One  position  assumed  by  those  vaunted  state- 
ments is,  that  when  the  Secretary  of  War  re- 
turned to  Washington  he  was  informed  that  the 
President  was  at  Windmill  Hill,  and  that  he 
(the  Secretary)  repaired  to  that  place  for  an 
interview.  The  Secretary  might  have  been  so 
informed  without  the  President  being  there.  I 
was  dining  with  him  at  that  time  at  his  brother- 
in-law's,  Mr.  Cutts,  on  F  street.  While  at  din- 
ner the  Secretary's  expected  return  was  the  sub- 
ject of  conversation;  and  before  the  cloth  was 
removed,  or  the  company  had  left  the  table, 
his  arrival  was  announced.  The  President  im- 
mediately excused  himself,  and  went  to  meet 
him.  The  President  and  Secretary  were  to- 
gether that  afternoon  at  the  house  occupied  by 
Mr.  Monroe,  near  O'Neal's  hotel.  They  sepa- 
rated at  that  place  at  about  7  o'clock,  to  meet 
again  at  8,  at  which  hour  they  did  meet,  and 
had  their  final  interview.  If  the  Secretary  was 
really  informed,  however  erroneously,  that  the 
President  was  at  Windmill  Hill,  it  is  possible 
that  he  went  there  to  meet  him;  and  the  Pre- 
sident, not  finding  the  Secretary  at  the  hotel, 
may  have  followed  him  to  Windmill  Hill,  which, 
however,  is  not  probable,  as  there  was  not  any 
other  enemy  in  the  field  to  reconnoitre  than  the 
malcontents  referred   to   by  all   parties.     Yet 


EXPLANATION    OF   SAVING   THE   PORTRAIT. 


117 


they  may  have  met  there  in  presence  of  the 
Doc  or's  father,  who,  in  defiance  of  all  rules  of 
decorum  and  respect  for  his  superiors,  may 
have  descended  to  the  vulgar  act  of  rudely  in- 
sulting a  minister  of  state  in  the  presence  of 
the  President ;  and  the  President  and  Secre- 
tary may  have  proceeded  thence  to  the  office 
of  the  Secretary  of  State.  All  I  know  of  their 
movements  on  that  afternoon  is,  that  the  Pre- 
sident left  the  house  of  Mr.  Cutts  between  4 
and  5  o'clock,  p.  m.,  for  the  avowed  object  of 
meeting  the  Secretary  of  War;  that  they  were 
in  consultation  before  7  o'clock,  at  about  which 
hour  they  separated,  and  General  Armstrong 
repaired  to  O'Neal's  hotel,  where  I  took  tea  in 
his  company  between  7  and  8  o'clock. 

''The  Secretary  being  informed,  on  his  first 
arrival,  that  the  village  mob  had  circulated  a 
falsehood,  with  the  view  of  injuring  him,  viz: 
that  Fort  Warburton  had  been  blown  up  by  his 
order,  sent  an  express  to  the  commanding  offi- 
cer, (I  believe  Captain  Dowson,)  requiring  him 
to  report  under  what  circumstances,  and  by 
•whose  order,  that  fort  had  been  blown  up.  An 
immediate  answer  was  received  from  the  com- 
manding officer,  exonerating  the  Secretary  from 
all  knowledge  or  a  participation  therein. 

"If  the  disgraceful  scene  ever  occurred  which 
the  Doctor  labors  to  brand  on  the  memory  of 
his  father,  I  conclude  it  must  have  been  at 
some  other  place  than  that  mentioned.  Yet, 
as  it  is  not  of  the  least  importance  in  the  pro- 
fessed object  of  the  Doctor's  appeal  to  the  pub- 
lic, which  was  to  establish  that  his  father  saved, 
or  originated  the  thought  of  saving,  the  portrait 
of  Washington,  I  shall  not  pursue  the  subject 
of  the  Windmill  Hill  further. 

"  The  Doctor  says,  in  his  letter  of  the  31st  of 
January  last,  that  'by  a  cunning  and  insidious 
falsification  of  history,  I  wish  to  appropriate  to 
myself  the  honor  of  an  act  which  might  serve  to 
elevate  me  to  a  political  station.'  Again:  'that 
I  wished  to  appropriate  to  myself  the  lion's  share 
of  the  merit,  so  clearly  belonging  to  another,  and 
to  ride  into  Cougresson  the  picture  of  Washing- 
ton.' 

"  Such  a  tissue  of  falsehood  and  misrepre- 
sentation does  not  merit  notice;  yet  I  may  be 
excused  for  remarking  that,  at  all  times,  and 
on  all  occasions,  in  public  and  in  private,  I 
have  declared  that  the  idea  of  saving  the  por- 
trait did  not  originate  with  me;  that  I  acted 
at  the  bidding  of  Mrs.  Madison ;  that  all  I  did 
was  to  carry  out  successfully  the  directions  of 
that  excellent  lady. 

"In  the  first  publication  which  excited  the 
Doctor's  ire,  I  say:  'Several  persons  assisted  in 
taking  down  the  portrait,  and  the  most  active 
was  the  venerable  Mr.  Carroll,  of  Duddington,' 
•when  I  should  have  said  'of  Bellevue.'  For 
this  unintentional  and  harmless  mistake  the 
Doctor  continues  to  empty  his  vials  of  wrath, 
although  I  made  prompt  and  full  atonement 
the  moment  the  error  was  suggested. 

"The  reader  may  have  been  misled  by  my 


having  said  the  Doctor's  father  assisted  in 
I  taking  down  the  portrait.  By  Mrs.  Madison's 
record  of  the  transaction,  made  at  the  time,  it 
would  appear  that  the  Doctor's  father  had  not 
much  more  to  do  with  the  affair  than  to  remon- 
strate in  bad  humor  at  that  good  lady's  refusal 
to  leave  until  the  work  had  been  accomplished. 
Having  thus  remonstrated,  he  went  to  join  the 
President,  leaving  her  dependent  on  her  ser- 
vants to  complete  the  work,  about  which  she 
wrote  thus : 

"  'Our  kind  friend,  Mr.  Carroll,  has  come  to 
hasten  my  departure,  and  is  in  very  bad  humor 
with  me  because  I  insist  on  waiting  until  the 
large  picture  of  General  Washington  is  secured, 
and  it  requires  to  be  unscrewed  from  the  wall. 
This  process  was  found  too  tedious  for  those 
perilous  moments.  I  have  ordered  the  frame 
to  be  broken,  and  the  canvass  taken  out.  It 
is  done,  and  the  precious  portrait  placed  in  the 
hands  of  two  gentlemen  from  New  York  for 
safe-keeping.' 

"And  again,  when  writing  to  Mr.  Depeyster, 
she  says: 

" '  The   impression   that   Mr.  Carroll  saved 

Stuart's  portrait  of  Washington  is  erroneous. 

I  have  heard  that  his  family  believed  that  he 

rescued  it.     On  the  contrary,  Mr.  Carroll  had 

left   me  to  join  Mr.  Madison,  when  I  directed 

j  my  servants  in  what  manner  to  remove  it  from 

the   wall,   remaining  with   them    until    it  was 

I  done.    I  saw  Mr.  Barker  and  yourself  (the  two 

i  gentlemen   alluded  to)  passing,  and   accepted 

I  your  offer  to  aid  me  in  any  way,  by  inviting 

you  to   help  me  preserve  this   portrait,  which 

you  kindly  carried   between  you  to  the  humble 

but  safe  root  which  sheltered  it  a  while.' 

"  Compare  this  with  what  the  Doctor  says,  in 
claiming  that  his  father  saved  the  portrait,  viz: 

"  'An  act,  doubtless  the  impulse  of  the  mo- 
ment, was  a  suggestion  that  might  naturally 
strike  any  right  minded  American,  could  not 
escape  a  patriot  and  a  citizen,  one  born  and 
reared  there  in  sight  of  Mount  Vernon,  on  the 
very  soil  of  his  ancestors,  and  stamps  at  once 
any  other  solution  of  the  problem  itself  a 
"  "fraud."  "  He  being  there — fortunately,  too, 
in  the  room  at  the  time — this  picture  caught  his 
eye,  intuitively,  as  it  were,  almost  as  the  alarm 
was  given,  that  so  marvelously  caused  its  pre- 
servation.' 

"  Comment  is  unnecessary.  I  never  con- 
sidered this  occurrence  as  entitling  me  to  po- 
litical favor.  It  was  never  spoken  of,  written, 
or  published  in  Louisiana,  to  my  knowledge, 
during  the  last  congressional  canvass,  to  which 
the  Doctor  alludes.  My  political  sentiments 
are  too  well  known  over  the  whole  nation,  and 
have  been  eversince  the  overthrow  of  the  alien, 
sedition,  and  stamp  laws,  with  the  reign  of  ter- 
ror under  the  elder  Adams,  to  require  any  such 
collateral  aid,  and  as  to  professions  of  patriot- 
ism in  the  matter,  no  such  idea  ever  occurred 
to  me.  My  thoughts  were  engrossed  in  carry- 
ing out  the  wishes  of  the  most  distinguished 


118 


LIFE   OF  JACOB   BARKER. 


lady  in  the  nation,  whose  publication  should 
have  operated  as  an  extinguisher  on  the  Doc- 
tor's picture  story,  yet  he  takes  exception  at 
Mr.  Depeyster's  saying,  in  his  letter  to  the  edi- 
tor of  the  Express:  'It  appears  that  he  (Mr. 
Charles  Carroll)  had  no  agency  whatever  in 
this  matter — the  saving  of  the  original  portrait 
of  Washington.' 

"  My  statement  was  written  on  the  8th  of 
February,  and  published  in  the  New  Orleans 
Delta  of  the  11th  February,  and  Mr.  Depeys- 
ter's letter  was  written  in  Connecticut  on  the 
15th  February,  consequently  before  he  had 
seen  my  statement;  and  nothing  could  be  more 
natural  than  the  conclusion  he  drew  from  that 
of  Mrs.  Madison's,  viz :  that  Mr.  Charles  Car- 
roll had  no  agency  whatever  in  this  matter, 
and  as  to  Mr.  Carroll's  cutting  the  canvass 
from  the  frame  with  a  penknife,  as  the  Doctor 
alleges,  no  such  thing  happened.  The  canvass 
was  extended  on  a  light  wooden  frame,  placed 
in  the  usual  way  within  a  gilt  frame,  and  the 
latter  was  secured  to  the  wall,  which  latter  was 
broken  down,  and  the  light  frame  with  the  can- 
vass taken  out.  perfect,  and  continued  so  until 
it  was  returned  to  the  White  House.  Whether 
the  large  gilt  frame  was  brcken  down  from  the 
wall  with  a  penknife  or  with  an  axe  is  not  of 
the  least  consequence. 

"  It  will  have  been  percived  that,  so  far  as  I 
was  concerned,  no  attempt  has  been  made  or 
sanctioned  by  me  to  claim  the  honor  of  having 
originated  the  thought,  or  of  having  removed 
the  portrait  from  the  wall  to  the  floor.  My 
statement  is  not  only  supported  by  the  testi- 
mony of  Mrs.  Madison  and  Mr.  Depeyster,  but 
remains  uncontradicted,  which  was,  that  at  the 
bidding  of  Mrs.  Madison,  the  portrait  was  re- 
mooed  from  the  floor  of  the  room  in  which  it 
had  been  hanging  by  Mr.  Depeyster  and  myself 
aided  by  two  colored  boys,  and  taken  by  us  to 
the  woods,  and  subsequently  returned  by  me. 
Where,  then,  is  the  falsification  of  history  al- 
leged by  this  notable  Doctor? 

"  The  Docter  characterized  my  letter  as  cun- 
ning. If  it  were,  as  intended,  an  unvarnished 
relation  of  facts,  with  self-evident  deductions 
and  logical  conclusions,  it  was  cunning — attri- 
butes nowise  pertaining  to  the  Doctor's  sple- 
uatic  effusions. 

"Your  obedient  servant, 

"JACOB  BARKER." 

The  intimacy  existing  between  General  Arm- 
strong and  Mr.  Barker  continued  until  the 
death  of  the  general,  the  character  of  which 
may  be  estimated  from  a  letter,  of  which  the 
following  i:j  an  extract: 

"  Red  Hook,  February  23,  1839. 

"MyDearFkiend:     ****** 

"I  had  the  pleasure  of  seeing  your  son  at 

my  cottage  a  short  time  ago,  stout  and  strong. 

My  own  health  has  been    bad  for  a  fortnight, 

and  with  little  prospect  of  its  being  better  till 


weather  and  roads  permit  me  to  take  a  little 
exercise  in  the  open  air.  Whatever  be  my 
personal  condition,  sick  or  well,  believe  me  to 
be,  unalterably,  your  affectionate  friend, 

"JOHN  ARMSTRONG." 

On  the  demise  of  the  general,  some  errone- 
ous and  severe  strictures  appeared  in  the  Com- 
mercial Advertiser,  of  New  York,  of  which  Mr- 
Barker  felt  called  upon  to  take  public  notice  a3 
follows  : 

"  New  Orleans,  April  20,  1843. 
"  To  the  Editors  of  the  New  York  Commercial 
Advertiser : 
"  'Tread  lightly  on  the  ashes  of  the  dead.' 

"You  have  done  great  injustice  to  the  fair 
fame  of  a  departed  patriot,  in  the  notice  which 
appeared  in  your  paper  on  the  death  of  Gen. 
John  Armstrong. 

"  You  say  he  was  dismissed  from  the  cabinet 
for  neglect  of  duty  in  defending  the  capital; 
this  is  a  mistake  ;  and  I  call  on  the  honorable 
George  Washington  Campbell,  and  the  honora- 
ble Richard  Rush,  the  two  surviving  members 
of  the  then  cabinet  of  Mr.  Madison,  to  unite  in 
correcting  that  error.  Pennsylvania  will  not 
permit  the  jewell  of  which  she  is  so  justly 
proud,  nor  Mr.  Campbell  the  fair  fame  of  his 
departed  friend,  to  be  thus  sullied,  when  they 
have  the  means  of  doing  justice  to  the  memory 
of  the  man  whom  the  Almighty  vouchsafed  to 
endow  most  bountifully  with  those  attributes  of 
intellect  which  distinguish  humanity  from  the 
brute  creation  ;  the  true  standard  by  which  man 
should  be  ranked  by  his  fellows. 

"  What  says  Colonel  Richard  M.  Johnson, 
now  in  this  city,  who  was  chairman  of  the  con- 
gressional committee  who  investigated  the 
cause  of  the  loss  of  Washington  ?  He  also 
was  a  soldier,  fresh  from  the  battle  of  the 
Thames,  the  reputed  slayer  of  Tecumseh,  cov- 
ered with  honor  and  with  wounds,  having  been 
perforated  with  many  balls.  Would  such  a 
man,  still  smarting  with  the  wounds  received, 
have  acquitted  the  Secretary  of  War — who  had 
gone  into  retiracy — if  he  had  been  faulty? 

"  The  anecdote  you  relate,  as  told  by  Major 
Fairlie,  is  full  evidence  that  General  Washing- 
ton was  knowing  to  the  deliberations  of  the 
officers  of  the  army  who  had  won  for  us  our 
liberty,  and  who  were  about  being  dismissed 
without  pay  and  without  the  least  provision, 
after  seven  years  of  the  most  arduous  service 
ever  endured  by  brave  soldiers,  by  a  Congress 
composed,  as  that  body  was,  of  a  mixture  of 
patriots,  pure  spirits,  stock  jobbers  and  political 
aspirants. 

"  The  celebrated  Newburg  letters  were  the 
offspring  of  those  deliberations ;  and  General 
Armstrong  was  no  more  answerable  therefor 
than  was  every  member  of  the  club,  (which 
you  have  thought  proper  to  denominate  a  con- 
spiracy, composed  as  it  was  of  nearly  all  the 
distinguished  military  men  of  the  day,)  except  so 


DEFENCE   OF   GENERAL   JOHN    ARMSTRONG. 


119 


far  as  regards  their  inimitable  style  and  com- 
position, the  merit  of  which  belongs  exclusively 
to  General  Armstrong,  he  having  been  selected 
by  the  assembly  to  embody  their  sentiments  on 
account  of  his  wonderfully  acute  mind  and  hap- 
py faculty  of  composition.  He  performed  the 
service  at  the  bidding  of  his  fellows;  the  New- 
burg  letters  were  the  fruits,  and  to  this  hour 
the  palm  of  superiority  to  anything  extant,  in 
point  of  composition  and  forcible  argument,  is 
awarded  them.  They  are  often  referred  to  by 
professors  in  our  literary  institutions  as  models 
of  composition  to  be  imitated,  worthy  of  all 
praise.  They  received  the  undivided  approba- 
tion of  the  assembled  officers  ;  aud  every  true 
hearted  American  who  reads  them  at  this  day 
cannot  but  feel  proud  that  they  were  written 
by  a  citizen  of  this  republic,  a  soldier  of  the 
revolutionary  army.  So  much  for  the  Newburg 
letters.  Now  for  General  Washington's  opin- 
ion of  the  author. 

11  After  what  you  have  published  on  the  au- 
thority of  the  late  Major  Fairlie,  you  cannot 
doubt  that  the  great  and  good  father  of  our 
liberties  knew  who  wrote  them.  The  fact  was 
doubtless  so.  They  were  from  their  first  ap- 
pearance imputed  to  General  Armstrong,  were 
never  disavowed,  and  were  known  by  all  the 
officers  of  the  army  to  have  been  written  un- 
der the  aforesaid  circumstances. 

"  The  fair  inference  from  your  article  is,  that 
General  Washington  knew  that  General  Arm- 
strong wrote  those  letters. 

"  To  doubt  that  he  knew  what  was  known  to 
all  the  other  officers,  believed  by  the  public, 
and  especially  appertaining  to  matters  over 
which  General  Washington  was  particularly 
watchful,  would  be  denying  to  him  the  acute- 
ness  and  penetration  which  he  was  known  to 
possess  in  an  eminent  degree,  and  which  the 
American  people  will  be  very  unwilling  to  re- 
fuse to  accord  to  the  bright  intellect  which, 
during  the  long  and  desperate  struggle  of  our 
revolution,  guided  the  citizen  soldier  safely 
through  so  many  perils. 

"  Immediately  after  the  formation  of  the  gov- 
ernment, Alexander  Hamilton,  then  Secretary 
of  the  Treasury,  wrote  an  official  letter  to  Gen- 
eral Armstrong,  (the  record  of  which  is  now  on 
the  files  of  the  department,)  telling  him  that 
by  the  command  of  General  Washington,  he 
tendered  to  him  the  office  of  supervisor  of  New 
York,  stating  that  the  President  regretted  that 
he  could  not  then  offer  him  anything  better; 
that  he  wished  to  draw  him  near  to  his  cabinet, 
and  hoped  soon  to  have  something  to  offer 
commensurate  with  his  talents,  virtues,  services, 
and  patriotism,  and  therefore  begged  him  to 
accept  that  office  for  the  moment.  This  he 
declined,  and  it  was  conferred  on  Colonel  Fish, 
another  distinguished  soldier  and  patriot  of  the 
revolution. 

"Following  up  this  confidence,  General 
Washington  subsequently  tendered  to  General 
Armstrong  the  appoiutment  of  minister  to  Por- 


tugal, which  he  also  declined.  He  was  appoint- 
ed Adjutant  General  of  Pennsylvania,  and  en- 
trusted with  the  direction  of  the  war  against 
the  Connecticut  settlers.  He  was  afterward 
appointed  minister  to  France,  and  five  times 
elected  a  member  of  the  United  States  Senate 
from  New  York  and  Pennsylvania. 

'■  When  minister  at  the  court  of  St.  Cloud, 
he  wrote  as  no  minister,  before  or  since,  dared 
to  write  to  the  emperor  and  his  ministers  ;  and 
pending  a  discussion  which  arose  in  conse- 
quence of  the  burning  of  my  ship,  the  Eliza, 
on  her  passage  from  Liverpool  to  Charleston, 
by  a  French  fleet  shortly  out  of  Brest,  he  used 
these  emphatic  words:  '  call  you  this  vindica- 
ting the  liberties  of  the  seas?' 

"  After  his  return  from  France,  he  was  called 
again  into  the  military  service  of  his  country, 
and  by  the  immaculate  Madison,  who  had  been 
a  close  observer  of  his  whole  life,  he  was  ap- 
pointed a  general,  and  given  the  command  of 
the  most  important  military  district  of  the  na- 
tion, embracing  the  city  of  New  York,  during 
the  glorious  war  of  1812.  From  this  post  he 
was  elevated  to  that  of  chief  of  the  War  De- 
partment  at  Washington,  where  he  served  with 
distinguished  ability  and  benefit  to  his  country, 
until  the  city  was  entered  by  the  Vandals  of 
England,  when  British  prowess  was  exemplified 
by  the  conflagration  of  halls  devoted  to  legis- 
lation, literature,  and  the  sciences,  and  where 
there  had  not  been  a  single  gun  planted  for  its 
defence. 

•'  The  military  ardor  and  patriotic  spirit  o# 
General  Armstrong  induced  him  to  enter  the 
continental  service  when  only  a  boy;  and  as 
early  as  1779  he  was  a  captain  in  the  army  on 
the  Penobscot  expedition,  in  the  bard  winter  of 
that  year,  when  only  nineteen  years  of  age,  and 
continued  in  the  service  until  the  peace  of  1783. 
And  now,  after  having  led  such  a  life  of  useful- 
ness to  his  country,  when  the  grave  has  scarcely 
closed  over  hi.s  remains,  you  have  thought 
proper  to  attempt  to  attach  to  his  name  the 
stigma  of  conspirator,  to  tarnish  the  unblem- 
ished fame  of  that  patriot  of  the  revolution, 
of  the  soldier  of  two  wars,  of  the  talented  states- 
man of  whom  all  America  and  the  whole  lite- 
rary world  were  justly  proud. 

"  You  denominate  him  a  conspirator,  at  the 
close  of  the  revolutionary  war,  against  the 
peace  and  happiness  of  this  republic:  and  you 
invoke  the  name  of  the  immortal  Washington  in 
support  of  this  charge.  Yon  charge  him  with 
neglect  of  duty,  and  attribute  to  that  neglect 
the  fall  of  the  city  of  Washington  in  the  last  war. 

"These  charges  are  true  or  false.  Washing- 
ton knew  the  worth  of  the  officers  of  the  army- 
and  the  justice  of  their  cause;  he  knew  all 
about  their  deliberations,  and  that  the  New- 
burg letters  were  the  result  of  such  delibert- 
tions,  although  written  by  Armstrong,  who 
had  been  selected  for  that  purpose  on  account 
of  his  superior  intellect,  and  approvi  d  by  many 
if  not  all  the  members  of  his   military  staff". 


120 


LIFE   OF   JACOB   BARKER. 


His  own  acts  furnish  a  better  test  of  his  opin- 
ion of  the  individual  in  question  than  the 
dictum  of  a  man  who  never  drew  a  trigger  in 
defence  of  any  cause. 

"General  Alexander  Hamilton  also  knew  all, 
and  what  said  he? 

"President  Adams,  the  elder,  knew  all,  and 
what  said  he?  Mr.  Jefferson  knew  all,  and 
what  said  he?  Mr.  Madison  knew  all,  and 
what  said  he?  The  Livingston  family,  inclu- 
ding the  chancellor,  knew  all,  and  what  said 
they?  His  native  State,  Pennsylvania,  and 
his  adopted  State,  New  York,  knew  all,  and 
what  said  they?  They  all  vied  with  each 
other  in  confering  honors  on  him.  Would 
they  have  done  so  if  they  had  considered  him  a 
conspirator  against  the  peace  and  honor  of 
his  country  ? 

"The  editor  of  the  United  States  Gazette, 
taking  your  biographical  notice  for  his  guide, 
. says : 

"'General  Armstrong  distinguished  himself 
as  a  minister  at  Paris,  but  he  lost  nearly  all 
his  credit  by  the  loss  of  Washington  city,  when 
he  was  Secretary  of  War,  where  he  was 
charged  with  total  neglect  of  means  to  defend 
the  capital  of  the  nation,  even  after  he  had 
been  earnestly  solicited  to  supply  those  means. 
That  was  the  end  of  General  Armstrong's 
public  career.' 

"You  have  forgotten  the  history  of  that 
transaction,  or  you  could  not  have  placed  on 
paper  a  statement  so  totally  at  variance  with 
the  facts. 

"You  have  been  compelled  to  pass  over  a 
long  life  devoted  to  the  discharge  of  the  duties 
of  various  and  numerous  offices  of  high  trust, 
without  a  single  occurrence  furnishing  food  for 
detraction,  and  go  back  to  what  at  most  can 
only  be  viewed  as  an  indiscretion  of  an  ardent 
youih,  to  enable  you  to  administer  to  the  appe- 
tites of  those  who  have  watched  over  the  life  of 
General  Armstrong  for  evil. 

"The  defence  of  Washington  city  was  en- 
trusted to  General  Winder.  Circumstances 
arose  connected  with  his  negotiations  with 
Adjutant  General  Baynes  of  the  British  army 
for  the  exchange  of  prisoners,  which  negotia- 
tion resulted  in  a  convention  for  the  exchange 
pf  all  the  prisoners  in  America,  by  which  the 
safety  of  the  twenty-three  adopted  citizens  taken 
in  arms  against  the  king,  and  sent  to  England 
to  be  tried  for  their  lives  as  traitors,  had 
been  overlooked,  and  the  forty-six  British 
prisoners  who  had  been  confined  to  abide  the 
fate  of  those  adopted  citizens,  were  set  at 
liberty  by  the  terms  of  that  convention.  Th-s 
occurrence,  the  particulars  of  which  it  is  not 
necessary  here  to  mention,  led  to  the  creation 
of  the  tenth  military  district,  and  the  appoint- 
ment of  General  Winder  to  the  command. 

"  General  Armstrong,  although  at  the  head 
of  the  War  Department,  had  no  hand  in  this 
selection,  nor  did  he  approve  of  it.  Very  soon 
after  this  appointment  the  British  landed  their 


forces  in  the  Chesapeake,  and  were  marching 
on  Washington.  The  capital  could  not  have 
been  put  in  a  state  of  defence  without  fortifica- 
tions and  regular  troops,  or  the  assembling  of 
the  militia  from  the  neighboring  country.  The 
former  required  the  authority  of  law,  and  a  vast 
expenditure  of  money  which  was  not  in  the 
treasury  ;  and  Congress  adjourned  on  the  27th 
April  previous  without  making  any  other  pro- 
vision than  granting  authority  to  the  President 
to  borrow  twenty-five  millions  of  dollars  with- 
out limit  as  to  the  price  to  be  allowed. 

"The  editors  of  the  Commercial  Advertiser, 
and  their  political  coadjutors,  know  full  well 
the  pains  they  took  to  decry  the  credit  of  the 
government,  and  to  defeat  that  loan,  and  if  on 
this  subject  their  recollection  should  prove 
frail,  let  them  turn  to  the  files  of  their  own 
papers. 

"The  means,  the  sinews  of  war,  being  with- 
held by  these  men,  it  ill  becomes  them  to 
attempt  to  stigmatize  the  illustrious  dead  for 
not  using  that  which  they  themselves  denied  to 
the  nation. 

"As  to  the  militia,  the  investigation  which 
took  place  by  Congress  immediately  after  the 
invasion  of  Washington  city,  established  that 
General  Armstrong  issued  his  requisitions  on 
the  governors  of  Virginia,  Maryland,  Pennsyl- 
vania, and,  I  believe,  Delaware,  iu  full  season, 
and  for  an  adequate  number  of  men  to  have 
defended  the  capital  against  double  or  treble 
the  force  sent  against  it  by  the  British.  These 
requisitions  were  not  successful — why,  I  will 
not  attempt  to  explain  here;  but  surely  it  waa 
not  the  fault  of  the  Secretary  of  War,  a  mere 
chamber  officer,  who  urged  them  to  the  utmost 
of  his  capacity. 

"At  the  last  moment  there  was  a  large 
assemblage  of  volunteers  and  militia;  but  Gen- 
eral Armstrong  had  no  confidence  in  the 
military  skill  of  the  commander  to  wield  such  a 
force,  and  to  make  a  successful  defence.  They 
were  principally  encamped  at  the  Wood-yards, 
twelve  miles  from  Washington  city.  The 
Secretary  communicated  his  apprehensions  to 
the  President,  and  invited  him  to  accompany 
him  to  ihe  camp,  to  which  place  they  repaired. 
The  commanding  general  was  not  to  be  found, 
and  the  troops  appeared  to  be  in  a  state  of 
great  exhaustion  from  having  been  marched 
and  countermarched  without  the  necessary 
repose  to  fit  them  for  battle,  and  few  or  no 
scouting  parties  had  been  sent  out  to  haras3 
the  enemy  on  their  march,  and  they  were  then 
within  twenty  or  thirty  miles  of  the  city. 

"The  President  and  Secretary  returned  to 
Washington,  convinced  that  if  the  enemy 
marched  on  the  city  they  would  have  an  easy 
conquest.  I  was  that  evening  present,  and 
heard  General  Armstrong  make  this  statement 
to  George  Washington  Campbell,  then  Secre- 
tary of  the  Treasury,  and  to  William  Jones, 
then  Secretary  of  the  Navy.  These  high 
functionaries  replied  to  the  Secretary:     'Why 


DEFENCE   OF   GENERAL   JOHN    ARMSTRONG. 


121 


do  you  not  take  command  of  the  army  your- 
self, and  defend  the  city?  You  are  a  revolu- 
tionary officer,  and  understand  military  tac- 
tics.' His  answer  was:  'I  have  no  right  to  do 
so ;  my  duties  are  by  law  confined  to  my  cham- 
ber.' 'But,' said  Mr.  Campbell,  'the  President 
can  authorise  you,  and  if  he  will  do  that  will 
you  take  the  command?'  '  I  will,'  said  General 
Armstrong,  'although  it  is  rather  late.'  Where- 
upon the  Secretaries  of  the  Treasury  and  of  the 
Navy  repaired  to  the  President's  and  solicited 
his  authority  for  General  Armstrong  to  take 
the  field.  The  President  deferred  the  matter 
until  the  next  morning,  when  he  promised  to 
convene  a  cabinet  council  at  7  o'clock  at  the 
navy-yard  and  decide.  In  the  meantime 
General  Armstrong  took  a  proposition  to  the 
President,  from  a  citizen  not  in  the  military 
service,  to  blow  up  the  Capitol  with  his  own 
hands,  in  case  the  enemy  should  enter  the 
buildings,  provided  he  would  authorise  it,  and 
order  to  be  furnished  a  corporal's  guard,  a  few 
miners,  and  the  necessary  quantity  of  powder. 
This  was  declined,  the  President  saying  it 
would  have  a  better  effect  in  arousing  the 
nation  into  resistance  for  the  enemy  to  do  it. 
The  cabinet  council  met  at  the  appointed  time 
and  place,  and  their  deliberations  resulted  in 
granting  authority  to  General  Armstrong  to 
take  the  command.  For  this  purpose  he, 
accompanied  by  the  Secretary  of  the  Treasury, 
left  on  horseback,  setting  off  at  full  gallop  for 
Bladensburg,  to  which  place  our  troops  had 
retreated  fro.-n  the  Wood-yards. 

"At  nine  o'clock  of  the  fatal  Wednesday, 
which  was  the  24th  of  August,  1814,  in  less 
than  an  hour,  the  President,  accompanied  by 
the  Hon.  Richard  Rush,  then  Attorney  Gen- 
eral, came  out  of  the  house  where  the  cabinet 
council  had  been  assembled  at  the  navy  yard, 
mounted  their  horses  and  also  went  off  at  full 
gallop  toward  Bladensburg.  I  was  present  and 
saw  them  all  depart.  They  all  arrived  before 
the  battle  commenced,  and  the  President  on 
his  arrival  countermanded  the  authority  given 
to  General  Armstrong,  and  requested  all  the 
members  of  the  cabinet  to  accompany  him  off 
the  field  of  battle,  leaving  to  the  military  au- 
thorities, to  whom  it  belonged,  to  conduct  the 
operations  of  the  day,  adding  that  it  was  too 
late  to  make  any  change. 

"  The  battle  began  immediately  after  this 
announcement  by  the  President,  by  a  discharge 
of  Congreve  rockets  from  the  British  lines, 
whereupon  the  militia,  for  the  most  part,  broke 
and  scattered  in  great  disorder ;  there  were 
some  honorable  exceptions — the  5th  and  9th 
regiments  of  Maryland  and  Stansbury's  regi- 
ment of  volunteers  fought  well,  and  the  lion. 
Mr.  Pinckney,  one  of  their  number,  was  se- 
verely wounded.  An  express  had  been  sent 
to  Commodore  Barney,  who  was  stationed  at 
the  navy-yard  for  the  protection  of  a  bridge 
across  the  Potomac,  with  somewhere  about  300 
sailors  and  500  marines,  to  repair  to  Bladens- 


burg; for  which  place  they  started  on  a  dog 
trot  at  the  first  notice,  taking  with  them  two 
pieces  of  small  artillery.  Before  they  reached 
Bladensburg  our  army  had  retreated,  and  the 
British  were  advancing  on  Washington.  Bar- 
ney halted  as  soon  as  he  got  within  the  reach 
of  cannon  shot,  planted  his  guns  on  the  public 
road,  and  opened  a  destructive  fire  on  the 
British  troops.  Had  our  troops  protected  Bar- 
ney's flank,  he  could  with  his  small  band  have 
annihilated  the  whole  British  force.  As  it  was, 
they  suffered  severely,  losing  nearly  a  fourth  of 
their  number,  including  those  who  deserted, 
and  marched  on,leavingtheirdeadand  wounded 
on  the  field.  I  visited  the  wounded  at  Bladens- 
burg the  same  week ;  there  were  nearly  fifty, 
many  of  them  officers,  and  the  limbs  of  many 
of  those  who  had  been  hastily  buried  by  the 
road  side  were  to  be  seen  projecting  from  their 
rude  graves. 

"  The  President  had  a  full  view  of  the  con- 
flict, and  noticed  the  havoc  made.  He  said 
the  fire  from  Barney's  guns  made  perfect  lanes 
through  the  ranks  of  the  enemy,  but  that  the 
troops  filled  the  voids  thus  created,  without 
turning  to  the  right  or  to  the  left  to  see  whether 
their  companions  had  lost  a  head,  a  leg,  or  an 
arm,  adding:  'I  could  never  have  believed 
that  so  great  a  difference  existed  between  reg- 
ular troops  and  a  militia  force,  if  I  had  not 
witnessed  the  scenes  of  this  day.'  I  had  this 
from  Mr.  Madison's  own  lips  at  the  White 
House,  before  the  enemy  reached  the  city. 
Barney's  flanks  not  being  protected,  the  ene- 
my advanced  on  both  sides  of  the  road  and  shot 
him  down  and  many  of  his  men  at  their  guns, 
and  proceeded  to  the  occupation  and  the  burn- 
ing of  the  city  that  night. 

"With  what  justice,  then,  I  would  ask,  could 
General  Armstrong  be  held  answerable  for  this 
disaster  ?  In  his  memorable  answer  to  the  let- 
ter from  the  Congressional  committee,  in- 
quiring into  the  causes  which  led  to  the  loss  of 
the  city,  he,  after  assigning  many  other  rea- 
sons, said,  '  that  it  was  mainly  to  be  attributed 
to  that  love  of  life  which  so  generally  pervaded 
the  ranks  of  your  militia.' 

"As  soon  as  the  British  had  evacuated  the 
city,  the  militia  officers  of  the  district,  who  had 
ingloriously  fled  from  the  field  of  battle  with- 
out firing  a  gun  in  their  country's  cause,  or  in 
defence  of  their  women,  their  little  ones,  or 
their  own  firesides,  attempted  to  excite  against 
the  Secretary  of  War  the  most  unwarrantable 
prejudice,  demanding  of  the  President  to  dis- 
miss him  ;  hoping  thereby  to  make  him  the 
scapegoat,  knowing  full  well  that  the  country 
expected  some  atonement  for  the  disgrace 
which  had  come  on  our  national  arms  by  the 
neglect  of  Congress  to  provide  the  means,  and 
by  the  absence  of  proper  knowledge  and  want 
of  spirit  on  the  part  of  those  whose  duty  it  was 
to  have  died  at  their  posts,  and  not  have  al- 
lowed the  capital  to  be  entered  by  a  hostile 


122 


LIFE   OP   JACOB   BARKER. 


force,  except  over  a  bridge   composed  of  the 
dead  and  the  dying. 

"  At  this  crisis,  Mr.  Madison  recommended 
General  Armstrong  to  avail  himself  of  that 
opportunity  to  visit  his  family  in  New  York 
for  a  few  weeks,  when  the  excitement  would 
subside  and  he  could  return  to  his  office  in 
quiet. 

"  General  Armstrong,  however,  determined 
immediately  to  leave  the  department  forever, 
thinking  the  President  had  listened  too  much 
to  the  Georgetown  militia  officers,  aud  did 
leave  the  next  morning  without  resigning, 
under  an  arrangement  to  wait  at  Baltimore 
for  me  to  join  him,  which  I  did  on  the  follow- 
ing day,  and  at  Baltimore  assured  him,  from 
the  President,  that  he  had  no  wish  nor  expect- 
ation that  he  would  resign  ;  that  he  expected 
him  back  as  the  chief  of  the  War  Department 
in  two  or  three  weeks,  and  that  he  would 
assuredly  support  him  therein. 

"  General  Armstrong's  reply  was  :  '  My  de- 
termination is  taken  ;  here  are  my  reasons, 
(handing  me  a  paper  which  he  had  that  day 
prepared;)  they  will  appear  in  print  if  a  news- 
paper can  be  found  fiee  enough  to  give  them 
publicity.'  They  did  appear  the  next  morning 
in  the  Baltimore  Patriot,  and  the  General  thus, 
by  his  own  voluntary  act,  terminated  his  em- 
ployment in  the  public  service,  retiring  to  his 
estates  in  Dutchess  county,  where  he  passed  in 
affluence  the  remainder  of  a  long  lite,  devoting 
himself  to  the  pursuits  of  literature  and 
agriculture. 

"  At  President  Madison's  last  interview  with 
General  Armstrong,  he  stated  to  him  that  there 
was  but  one  thing  in  his  whole  administration 
of  the  War  Department  with  which  he  was  not 
well  pleased,  and  that  was,  that  during  his 
(Madison's)  absence  on  a  visit  to  Virginia,  he 
had  accepted  too  hastily  the  resignation  of 
General  Harrison,  conferring  the  appointment 
on  General  Jackson,  who,  it  had  been  pre- 
viously determined,  should  be  called  to  fill  the 
first  vacancy  that  should  occur. 

"  Thus,  you  see,  you  are  mistaken  in  saying 
that  '  he  was  dismissed  from  office.' 

"  General  Armstrong  was  as  true  to  his 
friends  and  to  his  country  as  the  needle  to  the 
pole  ;  and  the  intimate  relations  which  subsisted 
between  us  for  thirty  or  forty  years  will  not 
permit  me  to  be  silent  when  the  fame  of  such 
a  man  is  assailed  after  he  has  been  gathered 
home,  and  especially  not,  when  I  recollect  that 
there  are  but  few  left  who  are  knowing  to  all 
the  facts  I  have  stated;  and  I  am  also  anxious 
that  the  hero  of  New  Orleans  should  know, 
before  time  shall  have  triumphed  over  nature, 
before  he  too  shall  have  bequeathed  to  his 
country  the  immortality  of  his  name,  the  undy 
ing  glory  of  his  achievements — that  General 
Armstrong  was  his  friend. 

"  Very  respectfully,  your  obedient  servant, 
"JACOB  BARKER." 


Mr.  Barker  lost  most  of  his  vessels  during 
the  war,  namely:  the  "Catherine  Jane,"  from 
St.  Petersburg  to  New  York,  and  the  "  Rodman," 
from  New  York  to  St.  Petersburg,  foundered 
at  sea;  no  insurance  on  vessel  or  cargo.  The 
"Dolphin,"  (the  cargo  but  not  the  vessel  belong- 
ing to  him,)  from  St.  Petersburg  to  New  York, 
captured  by  the  British  and  burnt  off  Halifax; 
the  "Joseph  Rieketson,"from  Archangel  to  Liver- 
pool, captured,  sent  to  Scotland,  vessel  and 
cargo  condemned,  no  insurance;  the  "Cham- 
plain,"  from  Norfolk  to  Nantucket,  captured  by 
the  British,  vessel  and  cargo  lost  without  insur- 
awce;  the  "Eliza  Ann"  stranded  on  Ireland, 
no  insurance;  the  "Leander"  on  Narraganset 
beach,  no  insurance;  the  "Juno,"  lost  at  St. 
Michaels,  no  insurance ;  the  "  Driade,"  de- 
stroyed by  a  hurricane  at  New  Orleans,  no 
insurance;  and  the  "Lady  Madison,"  from  St. 
Petersburg  to  London,  stranded  in  the  Baltic, 
with  a  cargo  which  cost  Mr.  Barker  £53,000 
pound  sterling,  which  had  been  sold  to  the 
British  government  to  great  profit;  arrange- 
ments had  been  made  to  invest  the  proceeds  in 
British  fabrics,  to  be  shipped  to  New  York 
under  the  opinion  of  the  American  minister  at 
London,  that,  on  receiving  the  news  of  the 
repeal  of  the  orders  in  council  the  President 
would,  by  proclamation,  recall  the  war  and  an- 
nul the  non-importation  law.  But  for  the  loss 
of  this  ship  her  voyage  would  have  resulted  in 
a  profit  of  something  like  $250,000,  in  place  of 
which  Mr.  Barker  suffered  a  severe  loss,  there 
being  no  insurance  on  freight  or  profit,  the 
ship  insured  for  only  half  her  value  :  the  cargo 
was  insured  in  London  with  the  clause  of 
honor,  yet  the  underwriters  refused  to  pay,  on 
the  plea  of  its  being  enemies'  property.  Liti- 
gation ensued,  their  plea  was  overruled,  from 
which  they  attempted  to  appeal,  when  the 
court  refused  them  a  certificate,  saying,  that 
after  agreeing  to  the  "clause  of  honor,"  and 
receiving  seven  guineas  per  cent,  premium,  the 
plea  was  too  dishonorable  to  be  entertained 
by  a  British  court.  Pending  this  litigation 
many  of  the  subscribers  to  the  policy  failed, 
and  Mr.  Barker  lost  ten  thousand  dollars  by 
their  insolvency.  The  ship  "  Jason,"  from  St. 
Petersburg  to  New  York,  with  a  cargo  of  Rus- 
sian goods,  was  stranded  and  lost  in  the  North 
Sea,  immediately  preceeding  the  war ;  his  other 
marine  losses  during  his  commercial  pursuits 


ESTABLISHMENT   OF   UNITED   STATES    BANK. 


123 


were  very  great,  while  some  of  his  adventures 
yielded  magnificent  profits. 

When  news  of  peace  was  received  Mr.  Barker 
considered  his  fortune  made.  The  bill  to  estab- 
lish a  national  bank  had,  as  he  supposed,  been 
passed,  giving  a  preference  of  the  stock  to  the 
holders  of  war  loans,  requiring  only  six  per 
cent,  in  specie;  to  enable  him  to  benefit  there- 
by, he  had  purchased  one  hundred  thousand 
dollars  in  specie,  paying  therefor  in  the  notes 
of  the  New  York  Banks  at  a  difference  of 
twenty-three  per  cent.,  called  premium,  for  the 
specie.  Unfortunately,  news  of  peace  tra- 
velled too  soon,  although  we  were  not  then 
blessed  with  railroads  and  telegraphic  commu- 
nication; the  bill  had  passed  both  Houses  and 
was  lying  on  the  clerk's  table  to  have  the  sig- 
gle  question  put,  "  will  the  House  concur  in 
some  (verbal  or  immaterial)  alterations  which 
had  been  made  by  the  Senate,"  a  mere  ques- 
tion of  time  for  organization,  made  necessary  by 
that  which  had  been  exhausted  in  debate  after 
the  bill  had  been  drawn,  when  an  express  on 
its  way  to  Alexandria  for  a  speculation  in 
flour,  passed  through  Washington  with  the 
news  of  peace,  which  so  elated  Congress  that 
the  members  left  their  seats  without  waiting 
for  an  adjournment,  and  they  could  not  again 
be  induced  to  consider  the  question  of  a  na- 
tional bank  during  that  session.  This  bill  was 
framed  with  a  view  to  induce  monied  men  to 
subscribe  to  its  stock;  it  was  the  best  ever 
devised  ;  it  did  not  impose  any  bonus,  and  if  it 
had  then  become  a  law  would  have  worked 
wonders. 

Specie  and  the  paper  of  the  New  York 
banks  were  very  soon  nearly  equalized  by  the 
operation  of  peace,  so  that  in  place  of  profit- 
ing by  putting  it  into  a  national  bank,  Mr. 
Barker  lost  heavily  by  its  disposal;  while  the 
improvement  of  public  stocks  was  trifling  for 
a  long  time  on  account  of  the  very  great 
amount  of  money  required  to  pay  off  the  army, 
and  other  expenses  of  the  war,  and  the  dispo- 
sition of  the  mercantile  men  to  use  their  funds 
by  a  return  to  their  ordinary  commercial  pur- 
suits. 

The  embarrassments  of  the  treasury  con- 
tinuing, and  the  banks  that  had  suspended 
specie  payments  being  unable  to  resume,  Con- 
gress, at  its  next  session,  was  induced  to  es- 
tablish a  United  States  Bank,  the  stock  of 


which  soon  advanced  to  fifty  per  cent,  pre- 
mium, although  it  had  to  pay  into  the  treasury 
fifteen  hundred  thousand  dollars  bonus,  and 
had  not  anything  like  the  privileges  set  forth 
in  the  bill  which  was  defeated  by  the  news  of 
peace.  Had  the  news  been  delayed  a  single 
hour  the  bill  would  have  passed  and  its  stock 
would  have  been  worth  one  hundred  per  cent. 
premium.  Mr.  Barker  considers  this  hour  to 
have  varied  his  fortune  to  the  extent  of  two 
millions  of  dollars. 

All  those  who  had  lent  him  money  on  a 
pledge  of  the  stock  far  below  its  cost,  insisted 
on  a  return  of  their  money,  wishing  to  invest 
it  in  stock  before  the  advance  took  place, 
which  was  sure  to  follow  the  peace,  or  to  em- 
bark it  in  some  commercial  pursuit;  leaving 
Mr.  Barker  no  alternative  but  to  sell  his  stock 
and  forego  the  profit  he  had  anticipated  in 
case  peace  found  him  in  possession  of  it. 
Hence  one  disappointment  followed  another. 
Yet  he  continued  buoyed  up  with  hope  and 
resumed  his  commercial  business  at  Liverpool 
and  at  New  York,  and  established  a  bank  in 
Wall  street,  became  a  candidate  and  was 
elected  a  member  of  the  New  York  senate. 
His  election  was  warmly  contested  by  the 
federal  party,  the  Clintonians,  and  the  Burrites. 
Over  their  united  forces  his  friends  triumphed. 
The  effect  of  this  combination,  although  it  failed 
in  its  chief  object  to  defeat  his  election,  was  to 
defeat  the  democratic  ticket  for  the  assembly, 
with  the  exception  of  two  Clintonian  members. 
The  discipline  of  the  party  was  such  that  it 
gave  to  Mr.  Barker  a  position  the  most  likely 
of  all  others  to  estrange  his  political  partisans. 
The  offices  of  the  State  were  distributed  by  a 
council  of  appointment,  consisting  of  four 
members,  one  from  each  senatorial  district, 
and  the  governor,  the  latter  making  all  the 
nominations.  He  adopted  a  rule  to  take  the 
recommendation  of  hi«  political  friends,  mem- 
bers of  the  legislature,  from  their  several 
abodes.  Mr.  Barker  being  his  only  political 
friend  from  the  city  in  either  House,  the  whole 
patronage  of  the  city  centered  in  him.  He 
was  particular  not  to  recommend  any  one  he 
did  not  consider  qualified  to  perform  the  duties 
of  the  office,  frankly  telling  those  he  could  not 
recommend  of  their  want  of  qualification.  A 
vast  proportion  of  the  applicants  were,  of  ne- 
cessity, disappointed  and  became  dissatisfied 


124 


LIFE   OF   JACOB   BARKER. 


with  him  ;  a  result  sure  to  follow  the  distribu 
tion  of  the  "loaves  and  fishes,"  for  the  want  of 
a  sufficient  number  of  offices  to  feed  them  all. 

His  banking  operations  were  vehemently 
opposed  by  the  Wall  street  gentry.  They  insti- 
tuted a  suit  against  him,  alleging  that  he  was 
violating  the  restraining  act,  which  resulted  in 
a  decree  that  the  act  was  confined  to  associa- 
tions and  did  not  relate  to  individuals.  Great 
pains  were  taken  to  alarm  the  public  in  rela- 
tion to  his  circulation  and  deposits;  and, 
finally,  a  law  was  procured  from  the  legislature 
extending  the  restraining  act  to  individuals. 

Before  which,  and  while  he  was  in  attend- 
ance on  the  Senate,  a  ship  arrived  from  Liver- 
pool with  advice  of  the  failure  of  his  house  at 
that  place,  which  caused  a  very  great  run  on 
his  bank.  On  receiving  notice  of  which  he  re- 
turned to  the  city,  was  the  first  to  land  from 
the  steamboat,  drove  with  great  speed  to  Wall 
street,  the  carriage  making  its  way  through  the 
crowd  with  some  difficulty.  He  alighted  at 
the  bank  door,  to  the  surprise  of  all,  and  to  the 
disappointment  of  his  opponents,  who  were 
ranged  on  the  opposite  side  of  the  street  in 
momentary  expectation  of  seeing  the  doors  of 
the  bank  close.  They  had  not  heard  of  the 
boat's  arrival,  or  of  the  river's  being  free  from 
ice.  He  was  too  quick  for  them,  and  remarked 
to  all  how  glad  he  was  to  see  them,  saying 
*'  Come  in,  come  in — come  in  and  get  your 
money ;"  caused  the  back  room  to  be  thrown 
open,  additional  clerks  to  be  placed  there,  with 
plenty  of  specie.  All  that  wished  it  were  sup- 
plied. A  great  number  put  the  notes  in  their 
pocket  and  went  home,  believing  that  there 
was  no  cause  for  the  alarm  which  had  been 
created.  Mr.  Barker's  stores  were  full  of  goods, 
hemp,  sail-cloth,  iron,  sugar,  tea,  salt,  &c,  &c, 
of  which  he  sold  a  sufficiency  at  auction  to  re- 
plenish the  vaults  of  his  bank  and  returned  to 
Albany  to  his  senatorial  duties. 

The  members  of  thet  Senate,  with  the  chan- 
cellor and  judges  of  the  supreme  court,  consti- 
tuted at  that  time  a  "Court  of  Errors."  As 
member  of  this  court,  Mr.  Barker's  opinion 
came  in  conflict  with  that  of  Chancellor  Kent, 
on  the  question  of  a  ship's  intended  deviation 
from  a  voyage  insured.  Mr.  Barker  held  that 
bo  long  as  she  remained  within  the  limits  pre- 
scribed in  the  policy  there  could  be  no  devia- 
tion, however  determined  the  insured  might  be 


to  deviate.  The  chancellor  held  that  there 
were  exceptions  to  this  rule ;  and  being  in- 
formed that  Mr.  B.  intended  to  deliver  a  con- 
trary opinion,  he  took  great  pains  to  demon- 
strate, on  paper,  the  soundness  of  his  views  on 
the  subject  which  are  to  be  found  in  14th 
Johnson,  page  46.  There  were  but  these  two 
opinions  delivered  on  the  occasion.  The  court 
adopted  Mr.  B.'s  opinion  by  a  vote  of  15  to  8 ; 
which  law,  thus  laid  down,  has  not  since  been 
disturbed  either  in  England,  France,  or  Ame- 
rica. 

Mr.  Barker  had  the  satisfaction  to  agree  in 
opinion  with  a  large  majority  of  the  members 
of  the  senate  on  nearly  all  the  subjects  which 
came  before  that  body  while  he  was  a  member. 
The  duelling  law  was  an  exception.  And 
what  is  remarkable,  he  was  the  first  and,  the 
writer  believes,  the  only  person  who  ever  suf- 
fered, judicially,  under  that  law.  The  people 
very  soon  took  it  in  hand  and  annulled  its 
objectionable  features. 

Banks  and  canals  were  the  order  of  the  day, 
Mr.  Barker  insisted  on  such  legislative  provi- 
sions in  bank  charters  as  would  secure  specie 
currency  or  its  equivalent.  "Pay  or  liqui- 
date," was  his  doctrine;  and  as  to  the  canal  pro- 
ject, which  was  zealously  pressed  by  the  friends 
of  Mr.  Clinton,  that  gentleman  having  placed 
his  whole  political  fortunes  on  the  issue,  Mr. 
B.  doubted,  his  constituents  were  opposed  to 
connecting  the  treasury  of  the  State  with  so 
momentous  an  undertaking,  most  of  the  mem- 
bers from  the  middle  and  southern  districts 
voted  against  it,  while  the  western  members 
voted  in  its  favor. 

Senator  Van  Buren  believed  that  sufficient 
information  had  not  been  obtained  to  warrant 
the  experiment,  suggested  or  yielded  to  a  pro- 
position to  organize  a  board  of  canal  commis- 
sioners, and  the  appropriation  of  $25,000  for 
the  purpose  of  defraying  the  expense  of  the 
necessary  surveys  to  enable  subsequent  legisla- 
tures to  decide  advisedly,  which  were  adopted, 
and  Mr.  Clinton  was  appointed  one  of  the  com- 
missioners, for  all  which  Mr.  Barker  voted  ;  the 
project  succeeded,  it  popularised  itself,  and  Mr. 
B.  always  thereafter  insisted  that  Mr.  Clinton 
was  entitled  to  the  honor  thereof. 

The  strife  about  the  canal  continued  to  agi- 
tate the  State  for  years;  the  dominant  party 
being  opposed,  flushed  with  victory,  displaced 


LETTERS  FROM  DE  WITT  CLINTON. 


125 


Mr.  Clinton  from  the  board  of  commissioners; 
this  was  over-acting,  the  people  always  being 
just,  when  made  to  understand  a  subject,  re- 
torted on  those  unwise  leaders,  and  elected  him 
governor,  in  which  Mr.  Barker  took  a  conspicu- 
ous part. 

The  division  of  the  spoils  soon  produced  an- 
other revolution,  and  Mr.  Clinton  had  to  retire 
from  the  gubernatorial  chair  for  a  season.  On 
the  approach  of  another  election,  Mr.  B.  con- 
sidering his  restoration  desirable,  proposed  to 
him  such  a  movement,  it  was  resolved  on ; 
when  Mr.  B.  induced  Samuel  H.  Jenks,  esq., 
the  celebrated  editor  of  the  Nantucket  Enqui- 
rer, to  remove  to  New  York  and  conduct  a 
newspaper  in  support  of  Mr.  Clinton's  election; 
he  did  so,  and  Mr.  B.  established  the  "Union" 
in  New  York,  at  his  individual  expense,  for  that 
purpose,  in  relation  to  which  Mr.  Clinton  wrote 

thus  : 

"  Albany,  August  31,  1824. 

"Dear  Sir:  Your  very  sensible  letter  of  the 
16th  arrived  when  I  was  at  Lebanon  Springs  ; 
and  it  has  confirmed  the  high  opinion  which  I 
have  uniformly  entertained  of  your  discerning 
views  of  men  and  things. 

"  I  have  recently  seen  C.  G.  H.,  and  I  am 
persuaded  that  he  is  well  disposed  to  you  in  all 
respects. 

"  I  have  seen  a  letter,  from  a  respectable 
source,  which  mentions,  as  a  certainty,  that 
Ohio,  Illinois,  and  Indiana  will  go  for  Jackson. 

"  This,  if  true,  will  destroy  the  hopes  of  Clay, 
and  greatly  undermine  the  imputed  strength  of 
Adams. 

"  I  have  this  moment  heard  from  Onondaga 
county. 

"  It  has  chosen  friendly  delegates. 

u  Madison  will  do  the  same  to  day. 

"  The  Union  is  conducted  with  great  ability. 
Mr.  J.  has  certainly  genius  of  no  common 
order. 

"  Mrs.  C.  joins  me  in  kind  regards  to  you 
and  your  excellent  wife. 

"I  am,  sincerely  your  friend, 

"D.  W.  C. 

"  Jacob  Barker,  esq." 

[Extract.] 

"Albany,  October  23, 1824. 

"  Dear  Sir:  I  received  your  letter.  A  late 
tour  to  Delaware  on  business  as  regent  of  the 
University  has  interrupted  the  regularity  of  my 
correspondence.  The  Union  is  conducted  with 
talent,  and  it  will  afford  me  great  pleasure  to 
be  of  use  to  its  able  editor. 

"Your  exertions  in  getting  the  nominating 
committee  have  been  singularly  useful,  and 
your  views  of  its  proper  course  are  certaiuly 


judicious.  I  would  carry  the  conciliatory  plan 
to  the  fullest  extent  of  honorable  concession, 
and  its  only  limit  should  be  the  prescription  of 
honor,  and  the  obvious  necessity  of  not  offend- 
ing our  own  friends. 

"Our  adversaries  here  are  very  animated, 
and  have  deluged  the  country  with  hand  bills, 
which  are  little  better  than  so  much  waste 
paper. 

"Mrs.  C.  unites  with  me  in  sincere  regards 
to  you  and  wife. 

"I  am,  dear  sir.  yours,  sincerely, 

"DE  WITT  CLINTON. 

"  Jacob  Barker,  esq." 

Mr.  Crawford  was  at  that  time  the  demo- 
cratic candidate  for  the  presidency,  he  was 
overtaken  by  sickness,  which  rendered  his  elec- 
tion hopeless. 

The  electors  for  New  York  were  to  be  appoint- 
ed by  the  legislature  of  that  State ;  the  two  great 
political  parties  were  so  nearly  divided  that  the 
few  friends  of  General  Jackson  held  the  bal- 
ance of  power,  they  would  not  support  Mr- 
Crawford.  Mr.  Barker,  by  letter,  suggested  to 
Mr.  Van  Buren  that  it  would  be  good  policy  in 
the  friends  of  Mr.  Crawford  to  support  Gen- 
eral Jackson  ;  that  gentleman  could  not  be  in- 
duced to  withdraw  his  support  from  Mr.  Craw- 
ford. General  Jackson,  Mr.  Clay,  and  Mr. 
Adams  were  also  candidates  ;  neither  obtaining 
a  majority,  the  question  went  to  Congress, 
resulting  in  the  election  of  Mr.  Adams. 

Immediately  after  his  inauguration,  he  offer- 
ed the  mission  to  London  to  Mr.  Clinton,  being 
declined,  it  was  conferred  on  Rufus  King.  Mr. 
Van  Buren  and  his  political  friends  thereafter 
united  in  the  support  of  General  Jackson,  and 
never  faltered  in  his  support  of  that  great 
man. 

A  public  meeting  was  held  in  New  York 
soon  after  the  election  of  Mr.  Adams,  over 
which  Mr.  Barker  presided  ;  which  meeting 
put  in  nomination  General  Jackson  for  the  next 
President,  Chief  Justice  Spencer  for  the  next 
Vice  President,  and  recommended  an  amend- 
ment of  the  Constitution,  increasing  the  term  for 
which  those  public  functionaries  should  be 
elected,  limiting  their  services  to  one  term. 

This  was  the  first  nomination  of  General 
Jackson  for  the  presidency  after  the  election 
of  Mr.  Adams.  He  was  elected  for  the  next 
term. 

The  currency  and  the  United  States  Bank 
were  among  the  most  important  subjects  which 


126 


LIFE   OF   JACOB   BARKER. 


agitated  the  public  mind  during  his  adminis- 
tration. 

Mr.  Barker  left  New  York  for  New  Orleans 
in  1834,  during  the  money  panic  created  for 
the  purpose  of  counteracting  the  measures  of 
General  Jackson  in  relation  to  the  United 
States  Bank.  Passing  through  Washington  he 
had  several  conversations  with  him  on  the  sub- 
ject ;  exhibited  to  him  a  bill  he  had  prepared  for 
such  an  institution,  to  be  established  at  Wash- 
ington, with  branches  in  such  States  as  would 
authorize  them.  The  President  examined  the 
bill  attentively;  said  he  believed  such  a  bank 
would  be  very  useful ;  that  he  had  said  the 
same  thing  to  Mr.  Biddle ;  was  supposing  he 
could  control  the  government  and  the  nation 
with  the  monied  power  of  the  bank;  would  not 
listen  to  the  necessary  alterations  in  the  charter 
to  render  it  acceptable  to  the  people.  The  gene- 
ral authorized  Mr.  Barker  to  say  to  Mr.  Van 
Buren,  also  to  Senators  Wright,  Taney,  Rives 
and  Talmadge,  that  if  they  would  pass  such  a 
bill  he  would  sign  it;  these  gentlemen,  with 
the  exception  of  Messrs.  Rives  and  Tal- 
madge,  replied  that  they  could  not  support  any 
bank;  that  nothing  would  satisfy  the  people 
but  gold  and  silver.  Mr.  Talmadge  replied 
that  he  was  prepared  to  support  the  measure. 
Mr.  Rives  being  about  to  resign  his  seat  in 
the  Senate,  no  application  was  made  to  him. 

The  pet-bank  experiment  was  adopted  on 
the  removal  of  the  deposits  from  the  United 
States  bank;  it  failed,  which  induced  the 
favored  measure  of  General  Jackson,  the  specie 
circular. 

On  Mr.  Van  Buren  succeeding  to  the  presi- 
dency, the  opposition  made  strenuous  efforts  to 
get  rid  of  the  specie  circular,  which  he  success- 
fully resisted,  when  there  was  a  general  sus- 
pension of  specie  payments  by  the  banks. 
President  Van  Buren,  by  special  message  to 
Congress  on  4th  September,  1837,  recommended 
the  independent  treasury;  and  in  his  mes- 
sages of  December,  1837,  1838,  and  1839, 
reiterated  the  recommendation  of  such  a  law: 
it  was  adopted,  and  in  his  annual  message  of 
December  5,  1840,  he  stated  the  beneficial 
operation  of  the  system  during  the  brief  time 
it  had  been  in  force. 

The  irredeemable  paper  currency,  the  com- 
mercial embarrassments  and  financial  derange- 
ments, caused  universal  distress ;  and  the  peo- 


ple were  made  to  believe  that  it  arose  from  the 
measures  of  General  Jackson  and  Mr.  Van 
Buren — measures  adopted  to  cure  evils  arising 
from  extravagance  and  over-trading;  evils  fos- 
tered and  encouraged  by  the  banking  system 
then  in  operation;  this  delusion  led  them  to 
the  election  of  General  Harrison  and  John 
Tyler. 

On  General  Harrison's  coming  into  power, 
Mr.  Clay  and  his  political  partisans,  composing 
a  decided  majority  of  both  Houses,  set  about 
establishing  a  national  bank,  which  would, 
doubtless,  have  succeeded,  but  for  the  death  of 
General  Harrison.  Mr.  Barker  was  in  favor 
of  the  measure;  he  apprehended  that  it  would 
be  defeated  if  the  sub-treasury  should  be  pre- 
viously repealed  ;  he  considered  the  benefit  of 
the  circulation  of  the  nation  so  great  that  the 
local  banks  would  not  allow  a  law  to  be  made 
which  would  transfer  that  benefit  from  them- 
selves to  a  national  bank,  except  for  the  pur- 
pose of  getting  rid  of  the  sub-treasury  and 
specie  circular;  these  excellent  measures  ope- 
rated so  severely  on  the  local  banks  as  for  them 
to  prefer  a  national  bank. 

The  bill  repealing  the  independent  treasury 
preceeded  that  establishing  a  bank.  Pending 
its  discussion  Mr.  Barker  recommended  that 
the  bank  charter  should  contain  the  repealing 
clause,  transferring  the  business  of  the  sub- 
treasury  to  the  bank  without  producing  any 
interruption,  so  that  if  the  bank  bill  failed  the 
sub-treasury  might  remain  in  full  force,  on 
which  subject  Mr.  Barker  addressed  Mr.  Clay, 
as  follows: 

[Extract.] 

"New  Orleans,  May  13,  1841. 

"Dear  Sir:  Having  taken  great  pains  for  the 
last  ten  years  to  impress  the  public  of  both 
political  parties  of  the  absolute  necessity  of  a 
national  bank  and  a  national  bankrupt  law,  I 
beg  leave  to  make  a  few  remarks  here  on  the 
necessity  for  prompt  action  rather  than  on  iheir 
general  utility,  as  you  have  been  frequently  fur- 
nished with  my  opinionsin  detailinprint,and  for 
reason  that  so  far  as  I  understand  your  opinions 
you  also  favor  both  of  these  measures. 

"  The  nation  look  to  you  for  the  adoption  of 
both,  and  if  disappointed  at  the  extra  session 
of  Congress,  the  great  object  of  the  political 
change  which  has  taken  place  will  be  lost,  as 
new  feelings,  new  men,  with  new  objects,  will 
spring  up  before  the  annual  session,  which  will 
not  be  likely  to  pass  either  law.  Allow  me, 
therefore,  to  entreat  you  to  exert  yourself  in 


INDEPENDENT    TREASURY   REVIVED. 


127 


favor  of  prompt  action.  These  measures,  if 
adopted  at  once,  will  have  a  very  good  effect 
everywhere,  and  without  them  we  shall  linger 
along  for  10  or  15  years  in  our  present  palsied 
and  impaired  state. 

"It  will  not  make  any  difference  where  you 
place  the  'mother  bank ; '  it  will  do  business 
some  hundred  millions  of  dollars  annually,  and 
that  amount  of  business  will  afford  profit 
enough  to  compensate  the  most  able  men  in 
the  nation  for  leaving  their  residence  and  adopt 
that  where  the  bank  may  be  located,  and  the 
fewer  the  directors  for  the  mother  bank  the 
better.  The  mother  bank  should  not  discount ; 
that  business  should  be  left  to  the  branches,  and 
for  this  purpose  there  should  be  a  branch  at  the 
same  place  where  the  mother  bank  is  located, 
as  well  as  at  other  places ;  and  to  get  rid  of 
the  constitutional  objections  as  far  as  possible, 
which  will  probably  be  the  most  formidable 
the  friends  of  the  measure  will  have  to  contend 
with,  it  will  be  best  to  establish  the  mother 
bank  at  Washington,  with  power  to  establish 
branches  wherever  the  State  legislature  may 
authorize  it. 

"  You  are  in  favor  of  the  repeal  of  the  sub- 
treasury  and  specie  circular :  without  under- 
taking to  discuss  the  objections  to  these  mea- 
sures, I  beg  leave  to  suggest  that  if  you 
repeal  them  in  any  other  way  than  by  substi- 
tuting a  national  bank  therefor,  admitted  to  be 
infinitely  better,  a  national  bank  will  not  be 
created.  The  local  banks  are  too  powerful  to 
be  resisted,  and  if  they  can  again  get  intrusted 
with  the  public  funds  and  enjoy  the  whole  cir- 
culation of  the  nation,  they  will  not  allow  a 
national  bank  to  be  established,  which  would 
assuredly  supplant  them.  The  only  way  to 
convince  them  is  by  continuing  the  sub-trea- 
sury and  specie  circular  until  a  national  bank 
is  established ;  that  they,  the  local  banks,  have 
no  chance  of  again  getting  the  least  foothold 
with  the    government. 

"  Excuse  my  freedom  of  expression,  and 
believe  me,  as  ever,  your  assured  friend, 

"JACOB  BAKKER. 
"  The  Hon.  Henry  Clay." 

Mr.  Clay  said  to  his  friends,  "No,  it  would  be 
better  to  repeal  at  once  and  have  a  clear  stage 
for  a  good  bank."  General  Harrison's  death 
intervened,  when  Mr.  Clay's  friends  remarked 
to  him,  that  there  was  no  certainty  that  Tyler 
would  approve  any  bill  establishing  a  national 
bank.  Mr.  Clay  replied,  "  Don't  tell  me  that 
any  President  dare  veto  a  bill  passed  by  a  large 
majority  of  both  Houses  of  Congress,  and  called 
for  by  the  united  voice  of  the  nation." 

Very  soon  after  the  death  of  General  Har- 
rison, the  acting  President,  in  a  message  to 
Congress,  recommended  the  repeal  of  the  inde- 
pendent   treasury,  saying,  that   it  had   been 


twice  condemned  by  the  people.  His  recom- 
mendation was  adopted  by  Congress  ;  they  re- 
pealed the  law,  and  then  passed  a  bill  incor- 
porating a  national  bank,  which  he  vetoed  ; 
|  its  friends,  unable  to  procure  a  sufficient  ma- 
jority to  pass  the  bill  in  despite  of  his  veto,  the 
question  was  disposed  of,  probably  for  ages,  if 
not  forever,  leaving  the  local  banks  in  pos- 
session of  the  whole  circulation  of  the  nation. 

The  acting  President  was  mistaken  when  he 
said  the  people  had  twice  condemned  the  inde- 
pendent treasury  ;  the  question  had  not  been 
put  to  them  ;  it  was  put  immediately  thereafter, 
and  was  decided  in  its  favor  by  the  election  of 
James  K.  Polk  to  the  presidency,  under  whose 
administration  the  specie  circulation  was  con- 
tinued and  the  independent  treasury  revived. 
For  these  two  great  measures,  we  are  indebted 
to  General  Jackson  for  the  one,  and  Mr.  Van 
Buren  for  the  other  ;  they  have  saved  the  na- 
tion and  its  institutions,  and  entitled  them  to 
be  esteemed  as  public  benefactors,  and  should 
immortalize  their  names,  if  possible,  far  more 
important  than  that  of  the  glorious  defence  of 
New  Orleans. 

During  the  Mexican  war  the  opposition 
again  attempted  to  create  a  money  panic,  when 
Mr.  Barker  procured  the  publication  of  the  fol- 
lowing article  in  the  Commercial  Time3  of 
New  Orleans  : 

[communicated.] 

"We  hear  that  money  is  very  scarce  in  the 
northern  cities.  This  is  all  an  artificial  con- 
trivance of  the  banks  to  make  Congress  repeal 
the  sub-treasury,  or  abandonthespecieclau.se. 
They  had  better  abandon  the  war  with  Mexico 
than  do  either. 

"It  is  idle  to  pretend  that  the  government 
cannot  build  as  strong  places  of  deposit  as  the 
banks;  appoint  as  competent  clerks;  make 
their  transfers  from  one  city  to  another  as 
safely,  with  as  little  expense,  and  with  as 
much  expedition  as  the  batiks  can  do  it.  They 
have  taken  the  business  into  their  own  hands, 
and  are  bound  to  employ  able  clerks  and  a  suf- 
ficient number  to  do  the  work  well. 

"For  this,  it  is  entitled  to  the  benefit  of  the 
circulation,  a  full  indemnity  for  all  the  ex- 
pense ;  give  it  back  to  the  banks,  and  they  will 
gladly  loan  money  to  the  government.  The 
deposits  and  circulation  w  ill  enable  them  to  do 
so,  and  the  profits  on  the  use  of  the  money 
derived  therefrom  abundantly  pay  all  expenses. 

"  The  government  can  furni&h  a  better  cir- 
culation than  the  local  banks;  why,  then,  yield 
it  to  the  banks? 

"  If  the  Secretary  of  the  Treasury  finds  it  in- 


128 


LIFE   OP   JACOB  BARKER. 


convenient  to  attend  to  the  business,  and  is 
•willing  to  yield  it,  let  a  national  bank  be  es- 
tablished at  Washington,  to  be  conducted  un- 
der the  supervision  of  Congress ;  but  by  no 
means  let  the  funds  of  the  nation  return  back 
to  the  local  banks,  over  which  Congress  has 
not  any  control. 

"  The  writer,  has  ever  since  the  war  of  1812, 
considered  a  national  bank  necessary  for  the 
prosperity  and  convenience  of  commercial  men, 
as  well  as  of  the  government.  A  paper  circu- 
lation, equivalent  to  specie,  is  indispensable  ; 
habit  is  more  powerful  than  law  ;  besides,  we 
have,  with  a  mixed  currency,  prospered  as  a 
nation,  from  its  infancy  to  manhood,  more  than 
any  other  nation  ever  before  prospered  ;  why 
then  abandon  it?  A  mechanic  might  as  well 
abandon  the  use  of  his  tools  ;  and  if  the  use  of 
paper  is  to  be  continued,  why  not  subject  it  to 
the  supervision  of  Congress? 

"  Treasury  notes,  redeemable  at  sight  with 
specie,  are  better  for  a  currency  than  the  notes 
of  the  local  banks.  The  paper  of  a  national 
bank  wid  be  more  convenient  than  either,  and 
the  profits  on  the  public  deposits  and  circula- 
tion would  more  than  pay  all  the  expenses  of 
the  establishment,  and  enable  the  bank  to  dis- 
burse and  transfer  the  funds  of  the  govern- 
ment to  all  parts  of  the  nation,  freeing  the 
government  from  the  whole  expense  of  eon- 
ducting  the  sub-treasury. 

"  The  specie  clause  in  the  sub-treasury, 
does  not  do  any  harm  ;  it  only  gives  to  treasury 
notes  a  preference  over  bank  notes. 

u  Under  the  sub-treasury  there  will  not  be 
half  as  great  an  accumulation  of  specie  as 
there  would  be  in  the  banks,  if  they  kept  and 
disbursed  the  public  money ;  because,  if  prop- 
erly conducted,  nearly  all  the  receipts,  except 
for  such  loans  as  the  government  may  nego- 
tiate, will  be  in  treasury  notes.  The  money 
borrowed  should  be  made  payable  by  instal- 
ments, when  one  instalment  would  be  paid  out 
to  the  public  creditors  before  another  became 
due;  and  the  money  thus  expended,  in  the 
ordinary  course  of  trade,  would  return  to  the 
banks  and  to  the  loan  contractors  in  season  to 
pay  the  next  instalment,  so  that  one  or  two 
instalments  would  furnish  a  sufficient  amount 
of  specie  to  pay  fifty  or  a  hundred  instalments. 

"  The  Secretary  of  the  Treasury  has  made  a 
great  mistake  in  sending  specie  to  New  Or- 
leans; we  have  more  than  we  know  what  to  do 
with,  therefor  shall  have  to  send  it  back. 
Treasury  notes  would  answer  every  purpose 
for  currency,  bearing  only  a  nominal  interest; 
those  they  very  properly  redeem  with  specie  at 
sight ;  and  those  bearing  5  2-5  per  cent,  for 
exchange  ;  these,  so  far  as  not  absorbed  by 
public  dues,  should  be  redeemed  with  stock 
bearing  six  per  cent,  per  annum,  irredeemable 
for  15  or  20  years,  leaving  the  dealers  in  stock 
to  battle  the  price  among  themselves.  Treas- 
ury notes,  this  plan  adopted  and  pursued, 
will  furnish  the  government  with  means  suffi- 


cient to  go  through  with  the  war,  however  long 
it  may  last,  taking  care  not  to  put  out  more 
treasury  notes  bearing  only  a  nominal  interest 
than  can  be  redeemed  at  sight  with  specie. 

"  It  is  not  to  be  believed  that  the  Secretary 
wished  the  sub-treasury  bill  defeated  in  the 
Senate,  as  has  often  been  averred  in  the  whig 
newspapers,  or  that  he  is  hostile  to  this  favor- 
ite measure  of  the  democratic  party;  if  he  is 
not  hostile,  he  will  not  allow  himself  to  be  car- 
ried by  the  local  banks,  who  are  invoking  the 
aid  of  heaven  and  earth  to  get  back  the  depos- 
its and  circulation  of  which  the  independent 
treasury  deprives  them. 

"If  the  Secretary  finds  bank  facilities  essen- 
tial, let  him  follow  in  the  footsteps  of  the  im- 
maculate Madison,  who  originally  had  doubts 
of  the  constitutionality  of  a  national  bank; 
finding  such  an  institution  necessary  to  the 
successful  conducting  of  the  war  against  Great 
Britain,  those  doubts  disappeared,  and  he  re- 
commended to  Congress  the  establishment  of  a 
national  bank. 

"  Had  the  law  allowed  collections  to  be  made 
in  the  specie  paying  bank  notes,  the  banks 
would  have  been  glad  to  receive  treasury 
notes  at  par  to  protect  their  specie;  this  not 
having  been  done,  to  do  it  now  would  be  ma- 
king a  great  concession;  but  to  allow  the  use 
of  bank  notes  after  received  for  any  other  pur- 
pose than  to  draw  specie,  would  be  to  give  up 
the  independent  treasury  and  put  the  admin- 
istration in  the  hands  of  the  local  banks.  They 
would  control  the  destinies  of  the  nation  and 
never  allow  Congress  to  establish  a  national 
bank. 

"  Such  an  institution  should  be  estab- 
lished at  Washington,  with  branches  in  such 
States  as  may  authorize  the  same;  this  will 
obviate  the  constitutional  objection.  General 
Jackson  was  in  favor  of  such  a  bank,  said  he 
believed  it  would  be  very  useful,  and  authorized 
the  writer  of  this  letter  to  say  to  Senators 
Wright,  Rives  and  Talmadge,  that  if  Congress 
would  pass  such  a  bill  he  would  sign  it. 

"New  Orleans,  December  30." 

He  also  caused  to  be  published  over  his  sig- 
nature his  financial  views  as  follows: 

"  The  panic-makers  are  the  worst  enemies 
we  have.  In  relation  to  other  matteis,  they 
have  been  too  successful.  Their  denunciations 
of  the  annexation  of  Texas;  of  the  stand  taken 
by  our  government  on  the  Oregon  question  ; 
and  of  the  proposed  independent  treasury, 
have  done  more  mischief  than  could  possibly 
have  resulted  from  those  measures  had  they 
been  promptly  carried  into  effect. 

"  The  independent  treasury  should  be  es- 
tablished without  further  hesitation,  in  order 
that  the  funds  of  the  nation  may  be  kept  sepa- 
rate and  distinct  from  the  concerns  of  the 
local  banks,  and  when  once  adopted  those 
banks  will  be  rendered  harmless  and  it  will 
work  well.     It  should  not  have  been  repealed 


REASONS   FOR   A   NATIONAL   BANK. 


129 


without  the  establishment  of  a  national  bank, 
a  better  measure  I  admit,  yet  as  the  public  are 
deceived  on  the  subject,  a  national  bank  can- 
not be  established  until  the  public  mind  is  dis- 
abused of  the  prejudice  which  the  local  banks 
are  constantly  inculcating.  The  whole  ques- 
tion is  in  a  uut  shell.  Can  we  get  rid  of  the 
local  banks?  We  cannot,  and  1  confess  that 
however  disagreeable  it  may  be,  we  are  doomed 
to  tolerate  them.  This  being  a  settled  ques- 
tion, give  us,  say  I,  a  national  bank,  subject 
to  the  supervision  of  Congress,  rather  than  local 
banks  in  the  back  woods  and  commercial 
cities.  The  local  banks  have  possession  of  the 
public  funds,  and  so  long  as  this  be  tolerated 
we  shall  all  be  slaves  to  the  money  power. 
Let  Congress  do  its  duty  and  pass  the  inde- 
pendent treasury  without  further  delay.  It 
is  the  best  measure  ever  devised  for  the  good 
of  the  nation,  save  and  except  a  national  bank, 
subject  to  the  supervision  of  Congress. 

'•Our  habits  make  the  use  of  bank  notes 
necessary.  They  answer  in  lieu  of  specie  to 
an  amount,  say  one  hundred  millions  of  dollars. 
The  amount  will  be  about  the  same  whether 
they  be  issued  by  a  national  or  a  State  bank. 
Consequently,  if  the  local  banks  can  prevent 
the  establishment  of  a  national  bank,  they 
have  the  exclusive  use  of  this  one  hundred 
millions  of  dollars  of  the  people's  money,  with- 
out paying  any  interest  therefor;  hence,  they 
are  hostile  to  the  establishment  of  a  national 
bank  and,  also,  to  the  sub-treasury.  The 
latter  is  to  take  from  them  public  deposits,  but 
not  the  circulation. 

"These  same  men  have  been  using  the  Ore- 
gon question,  the  Texas  question  and  the  in- 
dependent Treasury  lor  the  purpose  of  crea- 
ting a  panic  and  thereby  intimidating  Con- 
gress ;  and  so  successful  have  they  been  in 
alarming  the  public  mind,  by  withholding  the 
ordinary  facilities  from  businessmen,  that  they 
have  already  done  more  mischief  than  would 
have  followed  from  the  independent  treasury 
had  it  been  promptly  adopted.  Let  Congress 
pass  the  law  at  once,  if  they  wish  to  prove 
to  bank  kings  that  they  cannot  rule  the  nation. 

"  When  the  Harrison  Congress  was  about 
repealing  the  sub-treasury,  I  addressed  a  letter 
to  Mr.  Clay,  telling  him  that  if  they  did  not 
first  create  a  national  bank,  no  bank  could  be 
established.  The  sub  treasury  once  out  of 
the  way,  the  public  money  would  return  to  the 
pet  banks,  and  they  would  not  permit  a  na- 
tional bank  to  be  established  or  any  law  to  be 
passed  which  would  deprive  them  of  the  ad- 
vantage of  keeping  it.  Mr.  Clay  was  not  then 
acquainted  with  the  extent  of  the  power  of  the 
local  banks.  The  sub-treasury  was  repealed, 
the  public  money  returned  to  the  pet  banks, 
the  bank  bill  defeated,  and  Mr.  Clay  enlight- 
ened as  to  the  power  they  exercise  over  the 
concerns  of  the  nation  to  create  panics  at 
pleasure. 

"Such  has  always  been  the  use  made  of  the 

9 


bank  power.  When  Congress  was  about  ter- 
minating the  existence  of  the  first  United 
States  Bank  in  I811j  tiny  threatened  death 
and  bloody  bones,  and  endeavored  to  intimi- 
date Congress  by  prating  about  the  ruin  which 
threatened  our  merchants.  The  moral  firm- 
ness of  the  democratic  party  was  then  equal  to 
the  occasion — a  renewal  of  the  bank  charter 
was  refused  and  no  panic  ensued.  The  bank 
was  glad  to  accommodate  its  debtors  to  aid  its 
collections,  and  it  had  debts  of  its  own  to  pay, 
and  they  worked  together  and  the  mammoth 
was  then  extinguished  with  as  little  flickering 
as  is  an  exhausted  candle. 

"So  will  it  be  with  the  present  panic  as 
soon  as  the  independent  treasury  shall  be 
established. 

"  Jefferson's  embargo,  Madison's  non-impor- 
tation laws,  and  finally  the  prosecution  of  the 
glorious  war  of  1S12,  had  to  encounter  the 
same  sordid,  selfish  conduct  on  the  part  of  the 
panic  makers. 

"  Very  sincerely,  yours,  &c, 

"JACOB  BARKER. 

"  New  Orleans,  May  8,  1846.'' 

The  good  policy,  nay,  more,  the  absolute 
necessity,  of  keeping  the  public  money  separate 
and  apart  from  the  local  banks  has  become  so 
apparent  that  all  parties  subscribe  to  its  wis- 
dom. 

Whenever  there  are  to  be  large  payments 
from  the  treasury  the  banking  interests  feel  a 
buoyancy,  and  every  department  of  trade  is 
more  or  less  invigorated  by  such  feeling  and 
payments  ;  whereas,  if  the  same  amount  of 
money  was  to  be  drawn  from  the  banks,  it 
would  create  a  panic  and  vast  derangement 
among  commercial  men;  and,  while  the  writer 
cordially  approves,  as  he  always  has  done,  of 
the  specie  circular  and  independent  treasury, 
he  believes  that  a  national  bank  would  be  very 
convenient  and  serviceable  to  the  commercial 
interests  of  the  country;  that  but  for  the  gold 
discoveries  in  California  and  Australia,  specie 
payments  could  not  have  been  continued  by  the 
local  banks  ;  and  should  another  general  sus- 
pension take  place,  resumption  cannot  be 
brought  about  without  the  aid  of  such  an  insti- 
tution, and,  in  case  of  an  extended  war,  it  will 
become  necessary  to  enable  the  government  to 
use  the  circulating  medium,  which  would  fur- 
nish countless  millions  without  interest,  which 
is  now  enjoyed  by  the  local  banks,  in  violation 
of  the  spirit  if  not  the  letter  of  the  Constitution, 
which  forbids  the  States  issuing  letters  of 
credit.  This  franchise  of  the  public  cannot  be 
used    by   them    any   way   so    beneficially  as 


130 


LIFE    OP   JACOB    BARKER. 


through  a  national  bank.     The  next  best  plan 
would  be  treasury  notes. 

On  the  subject  of  the  currency  and  local 
banks  Mr.  Jefferson  remarks  thus: — (Jeffer- 
son's Works,  volume  4,  pages  198  and  220.) 

"I  am  sorry  to  see  our  loans  begin  at  so 
exorbitant  an  interest;  and  yet,  even  at  that, 
you  will  soon  be  at  the  bottom  of  the  loan-bag. 
We  are  an  agricultural  nation.  Such  an  one 
employs  its  shavings  in  the  purchase  or  im- 
provement of  lands  or  stocks.  The  lendable 
money  among  them  is  chiefly  that  of  orphans  j 
and  wards  in  the  hands  of  executors  and  guar- 
dians, and  that  which  the  farmer  lays  by  till  he 
has  enousfh  for  the  purchase  in  view.  In  such 
a  nation  there  is  one,  and  one  only  resource 
for  loans  sufficient  to  carry  them  through  the 
expense  of  a  war,  and  that  will  always  be  suffi- 
cient, and  in  the  power  of  an  honest  govern- 
ment punctual  in  the  preservation  of  its  faith. 
The  fund  I  mean  is  the  mass  of  circulating 
coin.  Every  one  knows  that,  although  not 
literally,  it  is  nearly  true,  that  every  paper 
dollar  emitted  banishes  a  silver  one  from  the 
circulation.  A  nation,  therefore,  making  its 
purchases  and  payments  with  bills  fitted  for 
circulation,  thrusts  an  equal  sum  of  coin  out  of 
circulation.  This  is  equivalent  to  borrowing 
that  sum,  and  yet  the  vendor,  receiving  pay- 
ment in  a  medium  as  effectual  as  coin  for  his 
purchases  or  payments,  has  no  claim  to  interest. 
And  so  the  nation  may  continue  to  issue  its  bills 
as  far  as  its  wants  require  and  the  limits  of  the 
circulation  will  admit.  These  limits  are  under- 
stood to  extend  with  us,  at  present,  to  two 
hundred  millions  of  dollars,  a  greater  sum  than 
would  be  necessary  for  any  war.  But  this, 
the  only  resource  which  the  government  could 
command  with  certainty,  the  States  have,  un- 
fortunately,fooled  away,  nay,  corruptly  alienated 
to  swindlers  and  shavers  under  the  cover  of 
private  banks.  Say,  too,  as  an  additional  evil, 
that  the  disposable  funds  of  individuals  to  this 
great  amount  have  thus  been  withdrawn  from 
improvement  and  useful  enterprise  and  em- 
ployed in  the  useless,  usurious,  and  demora- 
lizing practices  of  bank  directors  and  their 
accomplices." 

"  It  is  time,  then,  for  the  public  function- 
aries to  look  to  this.  Perhaps  it  may  not  be 
too  late.  Perhaps,  by  giving  time  to  the  banks, 
they  may  call  in  and  pay  off  their  paper  by 
degress.  But  no  remedy  is  ever  to  be  expected 
while  it  rests  with  the  State  legislatures.  Per- 
sonal motives  can  be  excited  through  so  many 
avenues  to  their  will,  that  in  their  hands  it  will 
continue  to  go  on  from  bad  to  worse,  until  the 
catastrophe  overwhelm  us.  I  still  believe,  how- 
ever, that  on  proper  representation  of  the  sub- 
ject, a  great  proportion  of  these  legislatures 
would  cede  to  Congress  their  power  of  estab- 
lishing banks,  saving  the  charter  rights  already 
granted.     Aud   this  should   be  asked,  not  by 


way  of  amendment  to  the  Constitution,  because 
until  three-fourths  should  consent  nothing 
could  be  done,  but  accepted  from  them,  one  by 
one,  singly,  as  their  consent  might  be  obtained. 
Any  single  State,  even  if  no  other  should  come 
into  the  measure,  would  find  its  interest  in 
arresting  foreign  bank  paper  immediately,  and 
its  own  by  degrees.  Specie  would  flow  in  on 
them  as  paper  disappeared.  Their  own  banks 
would  call  in  and  pay  off  their  notes  gradually, 
and  their  constituents  would  thus  be  saved 
from  the  general  wreck.  Should  the  greater 
part  of  the  States  concede,  as  is  expected,  their 
power  over  banks  to  Congress,  besides  insuring 
their  own  safety,  the  paper  of  the  non-conceed- 
ing  States  might  be  so  checked  and  circum- 
scribed, by  prohibiting  its  receipt  in  any  of  the 
conceeding  States,  and  even  in  the  non-con- 
ceeding  as  to  duties,  taxes,  judgments,  or  other 
demands  of  the  United  States,  or  of  the  citizens 
of  other  States,  that  it  would  soon  die  of  itself, 
and  the  medium  of  gold  and  silver  be  univer- 
sally restored.  This  is  what  ought  to  be  done. 
But  it  will  not  be  done.  Carthago  non  delibilvr. 
The  overbearing  clamor  of  merchants,  specula- 
tors, and  projectors,  will  drive  us  before  them  wi  th 
our  eyes  open,  until,  as  in  France,  under  the  Mis- 
sissippi bubble,  our  citizens  will  be  overtaken  by 
the  crush  of  this  baseless  fabric,  without  other 
satisfaction  than  that  of  execratious  on  the 
heads  of  those  functionaries  who,  from  ignor- 
ance, pusillanimity,  or  corruption,  have  be- 
trayed the  fruits  of  their  industry  into  the 
hands  of  projectors  and  swindlers." 

The  business  of  Mr.  Barker's  Liverpool 
house  was  principally  with  the  United  States, 
which  ceased  with  the  declaration  of  war;  its 
affairs  closed,  debts  paid,  and  Mr.  Barker  with- 
drew from  the  firm;  when  the  partner  at  that 
place  embarked  largely  in  the  trade  between 
England  and  Russia,  and  other  foreign  places, 
on  his  individual  account;  which  resulted  very 
disastrously,  in  consequence  of  the  sudden 
peace  which  took  place  between  Great  Britain 
and  the  continental  powers. 

On  the  close  of  the  American  war,  Mr. 
Barker's  connexion  was  resumed,  he  then 
being  ignorant  of  the  extent  of  the  business  in 
which  his  partner  had  been  individually  en- 
gaged, who,  in  the  hope  of  winding  it  all  up 
satisfactorily,  incurred  for  the  new  firm  respon- 
sibilities, which  brought  about  the  failure,  the 
news  of  which  came  upon  Mr.  Barker  by 
surprise. 

The  effect  of  the  Liverpool  failure,  and  the 
opposition  to  his  banking  operations,  finally 
overthrew  his  bank;  all  of  its  depositors,  and 
a  vast  proportion  of  its  circulation,  were  paid 


JK  iiBiuar 

OFTHE 


CHARACTER   AND    HISTORY   OF   JOHN    WELLS. 


131 


at  sight:  yet  the  suspension  created  a  strong 
prejudice  with  all  those  who  continued  to  hold 
his  bank  notes,  which  had  a  withering  influence 
on  his  further  operations. 

Distressed  by  numerous  applications  to  re- 
deem bank  notes  in  the  hands  of  needy  per- 
sons, which,  although  the  amounts  were  small, 
he  had  not  the  means  at  command  to  redeem, 
on  their  first  presentation,  he  called  upon  his 
friend,   John  Wells,  esq.,  stating  his  troubles,  i 
and  observed,  "I  believe  I  had  better  shoot  ; 
myself."'     That  gentleman  replied,  "Are   you  j 
crazy?     How  much   do   you   want?" — taking  [ 
up  his  pen  and  commencing  to  write.     Mr.  i 
Barker,  wanting  five  thousand  dollars,  replied 
three  thousand.     Mr.  Wells  gave  him  one  of  j 
his  most  earnest  looks,  saying,  "Is  that  all? —  ' 
if  you  want  more,  name  it  now,  and  forever 
after  hold  your  peace." 

"That  will  answer; — but  why  do  you  give  it 
to  me?  If  I  should  die  you  will  never  get  a 
cent." 

Mr.  Wells,  saying  "That's  none  of  your 
business,"  went  on  writing,  and  handed  to 
Mr.  Barker  an  order  for  three  thousand  dollars 
in  the  stock  of  the  Bank  of  America,  saying, 
"I  have  no  money;  make  that  stock  answer 
your  purpose." 

The  useful  life  of  that  meritorious  gentleman 
was  soon  after  terminated  by  the  yellow  fever; 
when  Mr.  Barker  hastened  to  return  the  stock 
to  his  administrator,  as  will  be  seen  by  the 
following: 

"February  23,  1824. 

"This  certifies  that  thirty  shares  of  the 
Bank  of  America,  lent  by  John  Wells  to  Jacob 
Barker,  have  been  transferred  to  the  adminis- 
trator of  the  estate  of  J.  Wells. 

H.  LAIGHT,  Administrator. 

An  admirable   commentary  on  the  life  and 
character  of  Mr.  Wells  is  to  be  found  in  2d 
Cowen"s  Law  Reports.     It  speaks  thus  of  that 
good  man: 
SKETCH  OF  THE  LIFE  AND  CHARACTER  OF  MR.  'WELLS. 

"  It  is  by  no  means  the  least  testimony  to 
the  high  stand  which  the  late  John  Wells,  esq. 
occupied  at  the  bar  of  this  State,  that  his  death 
deranged  and  shortened,  in  a  very  considerable 
degree,  the  calendar  of  the  present  session. 
Repeated  applications  were  made  and  granted 
for  the  postponement  of  arguments  to  the  next 
term,  with  a  view  to  the  preparation  of  other 
Upon  making  one  of  these  motions, 
Butler  took  occasion  to  bestow  a 


counsel. 
Mr.  B.  F. 


brief  and  extemporary,  but  beautiful  and  ap- 
propriate eulogium  upon  the  memory  of  this 
distinguished  advocate.  The  bar  of  Albany, 
and  those  attending  court  from  different  parts 
of  the  State,  assembled  at  the  court  room  in 
the  Capitol,  (the  lale  Chancellor  Kent  in  the 
chair,)  and,  on  motion  of  the  late  Chief  Justice 
Spencer,  resolved  to  wear  the  accustomed 
badge  of  mourning  for  thirty  days.  A  similar 
meeting  was  holden,  and  similar  resolutions 
passed  by  the  bar  of  the  city  of  New  York;  and 
the  obituary  notices  of  the  day  abounded  with 
very  just  remembrances  of  Mr.  Wells'  worth 
and  genius.  He  was  indeed  the  pride  of  our 
bar;  and  I  need  make  no  apology  for  occupying 
this  place  in  presenting  his  surviving  brethren 
of  the  profession  with  such  particulars  of  his 
life  and  character  as  have  come  to  my  know- 
ledge. 

"  John  Wells  was  born  on  the  farm  now 
owned  by  Mrs.  E.  Davis,  about  one  half  mile 
south  of  the  present  village  of  Cherry  Valley, 
in  the  county  of  Otsego,  in  this  State.  The 
accounts  as  to  the  time  of  his  birth,  which  I 
have  been  able  to  obtain,  differ,  between  1769 
and  1770.  The  surrounding  country  was  then 
a  wilderness.  During  the  war  of  the  revolu- 
tion, which  shortly  followed,  the  settlement 
where  he  was  born  took  its  full  share  in  the 
horrors  and  cruelties  of  Indian  warfare;  and 
has  recently  been  distinguished  by  lying  in  the 
neighborhood  which  Mr.  Cooper  selected  as  the 
scene  of  his  beautiful  novel,  "  The  Pioneers." 
Wells'  paternal  grand-parents  were  both  natives 
of  Ireland,  and  formed  part  of  a  little  band  of 
colonists,  who,  several  years  before,  penetrated 
the  then  extensive  wilds  of  that  region,  and 
settled  in  the  valley  where  the  village  now 
stands.  His  maternal  grand-father  was  the 
Rev.  Mr.  Dunlap,  who  came  also  from  Ireland 
with  the  colonists. 

"His  father,  Robert  Wells,  owned  a  farm  in 
Cherry  Valley,  on  which  he  resided  in  1778, 
with  his  wife,  by  whom  he  had  five  children, 
John  being  the  second.  These,  together  with 
an  unmarried  brother,  John,  and  a  maiden 
sister,  Jane,  composed  his  family,  who,  with 
him,  were  the  only  descendants  of  the 
paternal  grand-father,  that  bore  the  name  of 
Wells. 

"  During  the  summer  of  that  year,  the  indi- 
cations of  a  descent  from  the  savages  were  so 
numerous  and  striking,  that  the  father  became 
seriously  apprehensive  for  the  safety  of  his  fam- 
ily; aud  he  accordingly  removed  them  to  Sche- 
nectady, as  a  place  of  greater  security.  But,  in 
the  autumn,  his  fears  subsiding,  they  returned, 
and  arrived  at  the  farm  on  the  11th  of  No- 
vember, with  the  exception  of  his  son  John. 
He  had  sometime  before  been  placed  by  his 
father  at  school  in  Schenectady;  and  having 
become  much  engaged  in  his  juvenile  studies, 
and  being  moreover  a  great^  favorite  of  his 
aunt  Eleanor  Wilson,  with  whom  he  boarded 
at  that  place,  it  was  determined  that  his  pro- 


132 


LIFE   OP  JACOB   BARKER. 


gress  as  a  learner  should  not  be  interrupted, 
and  he  was  left  to  continue  his  attendance  at 
school.  It  was  probably  owing  to  this  circum- 
stance that  he  survived  the  conflagration  and 
murders  which  soon  after  desolated  the  neigh- 
borhood of  his  birth. 

"  His  father's  family,  with  several  of  his 
neighbors,  who  had  been  driven  abroad  at  the 
same  time,  and  for  the  same  cause,  had  been 
lulled  into  a  fatal  security  by  those  false  ap- 
pearances which  their  aboriginal  enemies  knew 
too  well  how  to  practice;  and  on  the  11th 
November,  1778,  almost  every  family  resident 
at  the  valley,  hud  thus  been  lured  to  return 
within  reach  of  the  tomahawk.  During  the 
same  month  of  November,  and  but  a  few  days 
after  Wells'  family  had  reached  the  valley,  the 
celebrated  Brandt,  learning  that  the  harvest  of 
his  vengeance  was  full,  seized  the  opportunity 
to  effect  a  descent  which  he  had  for  a  long  time 
meditated.  This  chief,  with  one  of  the  Butlers, 
at  the  head  of  a  party  of  savages  and  their 
British  allies,  advanced  upon  the  valley  in  the 
night;  and  the  connexions  of  young  Wells 
were  among  the  first  who  fell  victims  to  their 
fury.  All  his  relations,  resident  at  the  farm, 
were  murdered;  Mrs.  Dunlop,  his  maternal 
grand-mother,  then  living  at  the  valley,  shared 
the  same  fate;  and  her  husband,  with  other 
members  of  her  family,  were  taken  prisoners. 
His  paternal  residence  was  burned  to  ashes, 
and  the  whole  settlement  plundered  and  finally 
destroyed.  Young  Wells  had  a  brother  Sam- 
uel, who  was  older  than  himself  by  about  two 
years,  Robert  and  William,  who  were  younger, 
and  a  sister  Eleanor,  aged  about  five  years. 
His  youngest  brother  was  not  more  than  six 
months  old.  Indeed,  the  massacre  at  Cherry 
Valley  affords  one  of  the  most  awful  illustra- 
tratious  of  the  rule  which  governs  Indian  war- 
fare. '  The  indiscriminate  destruction  of  all 
ages,  sexes  and  conditions.' 

"  Cut  off  at  this  early  age  from  the  tenderest 
attachments  of  life,  and  left  (like  Logan)  with- 
out one  living  mortal  who  was  naturally  and 
immediately  interested  in  his  fate,  young  Wells 
would  have  been  either  abandoned  to  poverty 
and  wretchedness,  or  bent  down  to  the  ordinary 
drudgery  of  life,  had  not  his  warm  hearted  and 
affectionate  aunt,  Mrs.  Wilson,  interposed  in 
his  behalf,  and  formed  him  to  a  higher  destiny. 
For  his  future  prospects  in  life,  she  saw  him 
thrown  entirely  upon  her  friendship  and  re- 
sources ;  and  though  I  cannot  learn  that  the 
latter  were  very  ample,  he  found  the  former 
not  of  that  sunshine  character  to  be  dissipated 
by  the  dark  cloud  which  had  gathered  over  his 
fortunes.  Through  her  exertions,  which  were, 
of  course,  indulged  and  aided  by  her  very  kind 
and  generous  husband,  he  enjoyed  the  best 
opportunity  for  acquiring  an  education  which 
the  country  then  afforded.  He  continued  sev- 
eral years  at  the  grammar  school  in  Schenec- 
tady, whence  his  aunt  Wilson  removed  to  Long 
Island,  where  he  studied  with  the  Rev.  Mr. 


Cutting,  of  Jamaica.  He  was  afterwards  at 
school  in  New  York  and  at  Newark,  (New 
Jersey,)  at  which  last  place  he  finished  his  stu- 
dies preparatory  to  entering  college.  He  pur- 
sued his  collegiate  course  at  Princeton,  where 
he  graduted  in  1778,  having  an  oration  as- 
signed him  as  his  part  in  the  commencement 
of  that  year.  He  took  both  the  degrees  of 
A.  B.  and  A.  M.  at  this  college. 

"  Though  of  an  age,  at  the  time,  not  fully  to 
realize  the  appaling  story  of  Brandt's  descent, 
and  the  fate  of  his  family  and  neighborhood, 
yet,  accompanied  as  it  was  by  scenes  of  simi- 
lar cruelty,  occurring  throughout  the  whole 
period  of  the  revolution,  the  mental  wound 
which  he  had  received  was  deepened  by  the 
dreadful  associations  continually  brought  back 
to  his  memory;  and  the  recollection  of  his 
early  loss  finally  made  a  permanent  impression 
upon  his  mind.  His  health  not  being  the  best, 
and  his  struggles  to  excel  as  a  scholar  unre- 
mitted and  severe,  these  causes  combined,  gave 
him,  at  one  time,  an  air  of  melancholy  and 
premature  decay.  Just  before  the  close  of  his 
studies  at  Princeton,  his  friends  entertaining 
serious  apprehensions  that  he  was  in  a  hopeless 
decline,  he  left  college,  for  a  short  time,  pur- 
suant to  their  advice,  with  a  view  to  recruit 
his  health.  The  experiment  succeeded  in  a 
very  considerable  degree;  and  he  was  enabled 
shortly  after  to  return,  and  complete  his  course 
of  classical  studies. 

"  After  graduating,  he  must  shortly  have 
entered  upon  his  clerkship;  for  his  license  as 
attorney  was  signed  in  1791.  This  clerkship, 
together  with  the  professional  studies  accom- 
panying it,  he  pursued  principally  with  Mr. 
Edward  Griswold,  then  in  full  practice  as  attor- 
ney and  counsel  in  the  city  of  New  York.  Mr. 
Griswold,  some  time  since,  retired  from  busi- 
ness and  now  resides  at  Hempstead,  in  Queen's 
county,  (L.  I.)  He  had  arisen  to  very  high 
reputation  in  his  profession.  As  a  proof  that 
he  eminently  deserved  this  reputation,  it  is 
enough  to  mention,  that  after  a  retirement  of 
several  years,  he  is  still  sought  out  and  con- 
sulted with  the  greatest  advantage  and  defer- 
ence, by  some  of  the  most  eminent  counsel  in 
the  city  of  New  York;  and  this  too  upon  the 
most  intricate  heads  of  the  common  law.  Col- 
onel Burr  lately  mentioned  to  me  that  Mr. 
Griswold  was  the  only  man  he  ever  saw  who 
loved  the  black-lettered  lore  of  the  common 
law  for  its  own  sake;  and  Mr.  Wells,  in  the  full 
zenith  of  his  reputation,  always  spoke  of  the 
professional  habits  and  acquirements  of  his 
early  tutor  and  friend,  in  terms  of  the  highest 
respect.  The  example  alone  of  such  a  man 
must  have  been  of  very  great  advantage  to  his 
pupil;  and  I  am  told  that  in  one  respect,  at 
least,  there  was  a  remarkable  similarity  be- 
tween them.  This  was  in  a  most  powerful  and 
singular  habit  of  mental  abstraction,  which 
enabled  them  to  sit  down  in  ihe  midst  of  their 
families,   or   a   crowd   of  company,   separate 


CHARACTER   AND    HISTORY   OF   JOHN   WELLS. 


133 


themselves  from  the  sports,  or  the  business,  or 
the  noise  around  them,  and  insulated  and  deaf 
to  every  thing  that  was  passing,  pursue  their 
studies,  equally  unconscious  of  any  thing  like 
interruption  as  in  the  deepest  retirement  of  the 
closet. 

"On  concluding  his  clerkship,  Mr.  Wells  was 
thrown  upon  his  own  resources;  and  these  were 
nothing  beyond  his  profession.  He  immedi- 
ately opened  an  office  at  a  room  in  Pine  street, 
New  York;  but  though  the  stores  of  legal 
knowledge,  which  he  laid  in  during  his  clerk- 
ship, must  have  been  more  ample  than  usual, 
his  industry  great,  his  attendance  upon  his 
office  constant,  and  the  execution  of  what  busi- 
ness was  committed  to  his  hands  faithful; 
yet,  absolutely  precluded  from  the  more  splen- 
did labors  of  the  forum,  by  lacking  the  degree 
of  counsel,  wanting  in  connexions,  and  those 
friends  who  could  successfully  take  any  imme- 
diate interest  in  his  professional  success,  and 
located  among  a  large  number  of  attorneys, 
who  had  in  a  measure  monopolized  the  man- 
agement of  those  suits  which  are  the  most  val- 
uable to  this  class  of  the  profession,  it  is  not 
singular  that  during  the  time  which  intervened 
between  his  first  and  second  law  degree  his 
prospects  should  have  been  discouraging.  His 
business  was  accordingly  very  limited  ;  afford- 
ing him  but  a  scanty  livelihood.  But  he  was 
not  yet  so  far  disheartened  as  to  relax  in  his 
studies;  and  he  came  to  the  bar,  after  the  or- 
dinary term  of  practice  as  an  attorney,  well 
prepared  for  the  higher  duties  of  the  profession. 
His  license  as  counsel  was  signed  in  1795. 
He  still  continued  his  practice  in  Pine  street, 
his  business  receiving  some  trifling  accessions, 
but  not  to  an  extent  which  would  be,  in  the 
least,  flattering  to  the  most  sanguine  temper; 
and,  for  several  years  aftewards,  he  pursued  the 
humble  avocation  of  a  mere  collecting  attorney, 
under  very  discouraging  prospects. 

"  The  step  was  deemed  a  hazardous  one  by 
his  acquaintances,  when  he  added  to  his  other 
expenses  by  undertaking  the  charge  of  a  fam- 
ily in  the  city  of  New  York,  where,  even  at  that 
early  day,  the  maintenance  of  a  rank  and  ap- 
pearance necessary  to  command  respect  re- 
quired means  far  beyond  his  reach.  The  anx- 
iety to  fulfill  an  early  matrimonial  engagement, 
seemed,  therefore,  to  have  got  the  better  of  his 
prudence,  when,  in  179G,  he  intermarried  with 
Miss  Lawrence,  daughter  of  Mr.  Thomas  Law- 
rence, of  Newtown,  Queen's  county,  (L.  I.) 
This  respectable  lady,  though  not  portionless, 
did  rot  bring  an  accession  to  Mr.  Wells'  means 
of  living,  which  would  have  prevented  his  fu- 
ture embarrassment  under  a  less  fortunate 
turn  of  his  prospects,  than  afterwards  followed. 
But  she  brought  him  what  was  more  im- 
portant— an  intelligence;  evenness  of  temper; 
patience  and  fortitude,  which  enlightened,  sus- 
tained and  smoothed  his  passage  along  an  ob- 
scure and  rugged  path  to  fortune  and  emi- 
nence ;  illumined  the  gloomy  period  of  adverse 


vicissitude,  and  cheered  his  rising  hopes  with 
the  smile  of  sympathy  and  affection. 

"  There  is  nothing  in  Mr.  Wells'  history 
manifesting  that  precocity  of  intellect,  or 
those  intuitive  offhand  powers  at  the  bar, 
which  has  produced  so  many  instances  of  pre- 
mature and  rapid  elevation,  in  the  morning  of 
manhood.  Indeed,  these  are,  in  general,  but 
equivocal  arguments  for  a  well-earned  and 
stable  reputation.  Too  often  does  such  a  ge- 
nius blaze  forth  with  a  fire  and  imagination 
sustained  by  very  scanty  materials,  and  exhib- 
iting but  a  short  lived  beauty.  It  glides  before 
us  like  a  meteor  along  the  sky,  till  exhausted 
by  the  excess  of  its  own  brilliancy,  it  sinks  in 
darkness,  and  is  extinguished  forever. 

"It  is  remarkable,  that  with  Mr.  Wells,  pos- 
sessing the  strength  which  he  afterwards  ex- 
erted, not  only  the  ordinary  duties  of  his  pro- 
fession, but  even  his  legal  studies  should  have 
been  rather  a  matter  of  necessiiy  than  choice. 
He  has  frequently  been  heard  to  declare,  that 
previous  to  1804,  a  snug  farm  and  five  hun- 
dred dollars  would  have  separated  him  forever 
from  his  profession.  He  was  attended  with  a 
modesty,  a  diffidence,  an  unassuming  temper, 
which  he  overcame  with  the  greatest  difficulty; 
and  it  was  with  pain  and  reluctance  that,  he 
commenced  his  career  in  the  more  public 
walks  of  his  profession.  That  he  entertained 
serious  thoughts  of  abandoning  it  forever,  be- 
tween the  years  1801  and  1804,  there  is  little 
doubt;  for  it  was  during  this  period  that  he 
sought  for  and  obtained  the  post  of  assistant 
editor  to  one  of  the  newspapers  in  the  city  of 
New  York. 

"  Those  warm  political  contests  by  which 
our  country  was  distinguished  during  the  pe- 
riod of  his  more  retired  labors,  among  the 
choice  spirits  which  it  called  into  action,  did 
not  leave  Mr.  Wells  unemployed.  His  pen 
had  been  much  engaged  in  the  defence  of  his 
political  friends  and  their  measures,  as  well  as 
in  severe  criticisms  upon  the  measures  and  men 
of  the  adverse  party,  in  the  course  of  which  he 
had  produced  several  of  the  most  respectable 
essays  with  which  the  newspapers  of  the  day 
abounded.  Few  of  these  are  preserved,  (aa 
event  perhaps  not  to  be  regretted,)  and  they 
were  in  no  other  respect  useful  to  him  than  as 
exercises  in  composition.  In  this  point  of  view 
they  were  much  more  so  than  is  usual,  from 
the  hasty  manner  in  which  they  were  produced. 
But  with  him,  having  considerable  leisure,  and 
being  determined  to  make  them  a  source  of 
improvement,  he  was  able  to  bestow  all  the  at- 
tention of  an  Addison  upon  the  style  of  his  pro- 
ductions. Almost  the  only  flattering  distinction 
which  he  had  received  from  any  of  his  party 
arose  from  this  cause.  The  late  General  Ham- 
ilton, having  read  in  the  newspaper  some  very 
fine  anonvmous  articles,  traced  the  authorship 
to  Mr.  Wells.  On  this  occasion,  I  am  told,  he 
ascertained  his  residence,  sought  him  out,  and 
complimented  him  for  the  genius  he  had  dis- 


134 


LIFE    OF   JACOB   BARKER. 


played  in  the  character  of  a  political  essayist. 
This  flattering  attention  from  the  leader  of  his 
part)',  who  was  himself  truly  a  model  of  fine 
writing  in  the  same  department,  probably 
strengthened  Mr.  Wells'  determination  to  turn 
editor.  The  employment  afforded  him  a  prob- 
able relief  from  the  pressure  of  poverty;  and 
he  believed  himself  more  peculiarly  qualified 
to  shine  in  this  than  in  any  other  pursuit. 

"  There  is  an  anecdote  of  Mr.  Wells,  relating 
to  the  period  of  his  editorship,  which,  as  it  ac- 
cords with  his  exalted  character  for  morality 
during  his  whole  life,  may  not  be  improperly 

inserted  here.     Mr. ,  a  friend  of  his,  being 

invited  to  the  field,  at  a  period  when  the  prac- 
tice of  duelling  was  deemed  most  genteel  and 
fashionable,  in  the  city  of  New  York,  called 
upon  Wells  to  act  as  his  second.  This  he  very 
cheerfully  and  readily  undertook;  but  with  a 
degree  of  adroitness,  almost  without  a  parallel 
in  those  times,  he  succeeded  in  settling  the  dis- 
pute without  a  meeting,  and  this  even  to  the 
satisfaction  of  those  who  entertained  the  great- 
est scruples  whether  the  (then)  rigid  code  of 
honor  could  be  satisfied  without  blood  or  the 
brand  of  cowardice  upon,  at  least,  one  of  the 
parties.  At  a  time  when  the  laws  of  honor, 
like  those  of  Draco,  may  be  said  literally  to 
have  been  written  in  blood,  it  is  no  mean  com- 
pliment to  the  dexterity  of  Wells,  that  he 
should  have  been  enabled  to  compass  such  an 
object,  in  so  satisfactory  a  manner.  To  dis- 
tinguish away  a  trial  by  battle,  pending  be- 
tween two  hot  political  combatants  of  that  era, 
by  setting  up  an  exception  in  the  law,  and  con- 
vincing the  court  of  its  existence,  shows  that 
he  was  not  aproficientin  the  common  law  alone. 
'It  may  be  truly  said  of  him,  (as  of  another 
eminent  lawyer)  that  he  could  walk  a  narrow 
isthmus,  between  opposing  doctrines,  where  no 
man  dare  to  follow  him!' 

"  The  station  of  an  editor,  it  may  well  be  sup- 
posed, was  the  last  which  would  inspire  a  con- 
fidence in  the  client,  that  his  professional  busi- 
ness, of  an  every  day  character,  would  be  faith- 
fully attended  to;  and  his  ordinary  income  as 
a  lawyer,  small  as  it  had  been,  was  probably 
diminished  by  this  circumstance.  But  in  the 
end  it  proved  what  it  is  said  the  conduct  of  the 
Edinburgh  Review  was  to  the  famous  Scotch 
advocate,  Mr.  Jeffrey,  'both  friendly  and  hos- 
tile to  him  as  a  barrister.'  His  after  efforts  at 
the  bar  shewed  him  a  splendid  illustration  of 
Lord  Bacon's  maxim,  that  writing  forms  the 
correct  man.  But  this  alone  is  not  the  most 
striking  point  of  view  in  which  it  influenced 
his  success  as  an  advocate.  It  finally  proved 
the  direct  and  leading  cause  of  bringing  him 
before  the  public  with  that  blaze  of  talent  (long 
hidden  by  the  force  of  adverse  circumstances) 
which  shone  with  a  brightening  lustre  to  the 
latest  period  of  his  li'e. 

"  The  late  Mr.  Cheetham,  (at  the  time  of 
which  I  am  speaking)  edited  the  leading  paper 
of  the  majority.     As  such,  he  had  recognized 


in  Mr.  Editor  Wells  his  most  formidable  antag- 
onist in  the  political  tournament.  Cheetham 
had  been  prosecuted  in  the  supreme  court 
of  this  State  by  Mr.  W.  S.  Smith,  the  son- 
in-law  of  the  late  President  Adams,  for  a 
libel,  published  in  the  '  American  Citizen,'  a 
paper  then  edited  by  Cheetham.  This  publi- 
cation, which  reflected  very  severely  upon  the 
conduct  and  character  of  Mr.  Smith,  a  leading 
member  of  the  minority,  called  forth  their  great- 
est animosity,  embittered  by  their  recent  defeat 
in  the  State.  Encouraged  by  the  hope  of 
wounding,  and  perhaps  prostrating  their  oppo- 
nents, by  the  destruction  of  their  favorite  edi- 
tor, they  had  arrayed  against  him  a  veteran 
host  of  talent,  as  one  means  of  compassing  their 
object.  Cheetham  and  his  friends  perceived, 
that  in  justice  to  themselves  a  force  should  be 
placed  upon  the  defensive,  qualified  to  meet 
and  sustain  the  attack  with  the  most  formida- 
ble front,  and  the  greatest  possible  firmness  and 
effect.  And  though  little  hope  was  entertained 
of  parrying  or  repelling  it  entirely,  it  was  be- 
lieved that  proper  arrangements  would  miti- 
gate the  blow,  and  prevent  any  decisive  conse- 
quences which  might  otherwise  follow  the 
defeat.  Reasoning  from  the  force  with  which 
Wells  wielded  the  pen  in  the  cause  of  the  mi- 
nority, Cheetham  drew  inferences  directly  the 
opposite  to  those  of  his  friends;  and  contrary 
to  their  advice  retained  Mr.  Wells  as  counsel  in 
the  defence.  He  went  further,  and  accom- 
panied this  retainer  with  a  request  that  he 
should  not  consider  himself  the  mere  associate 
with  the  other  very  able  counsel  employed  in 
the  defence,  but  should  take  a  leading  part  in 
the  conduct  of  the  trial.  The  cause  was  tried 
in  the  city  of  New  York,  (myinformant  thinks,} 
in  1804.  He  did  not,  on  this  occasion,  disap- 
point the  high  expectations  which  his  very 
partial  client  had  formed  of  him.  His  defence 
was  able  and  masterly,  exhibiting  a  strong, 
distinct  and  accurate  view  both  of  the  law  and 
the  facts  of  his  case,  vindicating  those  enlarged 
and  liberal  boundaries  which,  founded  in  the 
constitution  and  policy  of  his  country,  limit  the 
range  of  speech  and  of  the  press,  in  a  manner 
which  would  not  have  derogated  from  the  char- 
acter of  an  Erskine.  The  result  was  highly 
favorable  to  the  defendant.  The  damages 
were  mitigated  to  a  trifle,  compared  with  what 
was  confidently  hoped  on  one  side,  and  feared 
on  the  other;  and  a  crowd  of  listening  citizens, 
whom  a  deep  interest  in  the  event  had  drawn 
together,  as  spectators  of  the  trial,  were  left  to 
the  full  force  of  curiosity  and  wonder,  on  wit- 
nessing the  astonishing  and  apparently  preter- 
natural metamorphosis  which  the  young  advo- 
cate had  undergone.  That  a  genius  like  his 
should  have  been  left,  to  plod  on  in  the  drudg- 
ery of  the  profession,  for  a  period  of  thirteen 
years,  in  the  city  of  New  York,  nearly  unno- 
ticed and  unknown,  with  employment  so  scanty 
as  almost  to  have  driven  him  from  his  profes- 
sion in  despair,  seemed  a  reflection  upon  the 


CHARACTER   AND    HISTORY  OF   JOHN   WELLS. 


135 


audience,  who  had  been  listening  to  him  with 
sensations  of  delight  and  admiration.  But  a 
few  weeks,  and  even  days,  shewed  a  disposition 
to  atone  for  their  neglect.  A  spirit  of  self  com- 
placency, arising  from  a  consciousness  of  his 
superior  discernment,  mingled  with  gratitude 
to  Mr.  Wells,  fur  his  faithful  exertions  in  the 
del'euce,  drew  forth  in  the  next  American  Citi- 
zen one  of  the  best  of  those  pithy  and  ener- 
getic compliments  to  his  young  friend  and 
counsellor,  which  Cheetham  always  knew  how 
to  bestow  with  the  finest  effect.  These  things 
were  decisive  of  Mr.  Wells'  fate.  The  giant 
was  aroused  from  his  slumbers,  and  stalked 
abroad  at  noon-day. 

'"  From  a  stinted  paucity  of  business  and 
clients,  whose  visits  had  heretofore  been  '  few 
and  far  between,'  he  was  daily  retained  in 
causes  of  greater  or  less  magnitude.  Engage- 
ments multiplied  upon  his  hands,  aud  he  soon 
bade  adieu  to  his  editorial  labors,  and  devoted 
himself  exclusively  to  the  bar.  Yet  he  was 
the  last  to  be  pursuaded  of  his  powers,  and  he 
wou'd  occasionally  relapse  into  those  fits  of 
self  distrust,  which  had  been  one  great  cause 
of  so  long  withholding  him  from  his  proper 
rank  in  the  profession.  He  was,  shortly  after 
the  trial  of  Smith  vs.  Cheetham,  retained  as 
counsel  to  defend  a  cause  in  the  common  pleas 
of  New  York,  a  duty  which  he  discharged  in 
his  finest  manner.  For  this  he  received  a  fee 
ol  five  dollars.  But, unconscious  of  hisstrength 
and  rising  reputation,  he  forgot  that  even  this 
humble  retainer  was  a  debt  due  to  his  talents, 
and  construed  it  into  an  act  of  marked  kindness 
aud  regard  on  the  part  of  his  client.  So  grate- 
ful was  he  for  what  he  considered  a  favor  per- 
sonal to  himself,  that  he  ever  afterwards  re- 
membered this  gentleman  with  the  greatest 
friendship  aud  affection  ;  and  in  his  more  pros- 
perous days  anxiously  courted  every  opportu- 
nity of  doing  him  a  favor.  Mr.  Cheetham  was 
never  forgotten  by  him;  and,  I  am  told,  that 
the  gratitude  of  the  counsellor  extended  itself 
to  the  children  of  the  client,  in  various  acts  of 
patronage  and  protection,  when  their  father 
was  no  more. 

"  By  leading  a  life  strictly  temperate  and 
regular.  Wells  had  overcome  the  frailty  of  his 
constitution,  and  attained  a  state  of  cheerful- 
ness and  good  health;  two  important  and 
essential  requisites  to  sustain  the  amazing 
weight  of  professional  labor  which  was  about 
to  devolve  upon  him.  His  rise  was  rapid;  his 
practice  became  extensive  and  lucrative.  He  was 
snatched  from  want,  and  placed  in  easy  cir- 
cumstances, and  an  increasing  reputation,  both 
for  talents  and  industry,  promised  him  a  pro- 
portional enlargement  of  business  and  profit. 
He  availed  himself  fully  of  all  these  advanta- 
ges. He  pursued  the  study  and  the  duties  of 
his  profession  with  unceasing  assiduity.  He 
furnished  his  office  with  a  respectable  library, 
which  he  was  continually  enlarging  in  pro- 
portion to  his  means.     He  appeared  at  the  bar 


of  the  supreme  court  for  the  first  time,  in  Kit- 
ing and  others  VS.  Scott  and  Seaman,  (2  John. 
Rep.  137,)  in  1807,  where  he  was  sustained  by 
his  able  friend  aud  senior  in  the  profession, 
Mr.  J.  0.  Hoffman.  Since  that  time  his  name 
is  associated  with  almost  every  volume  of  our 
juridical  history. 

"Having  taken  up  his  pen  in  the  cause  of 
the  minority,  which  continued  so  with  very 
short  intermissions,  from  1801  to  the  present 
time,  he,  of  course,  standing  identified  with 
them,  did  not  reap  any  of  those  advantages  to 
which  an  active  politician  of  his  intellectual 
rank  might  otherwise  have  looked,  as  the  re- 
ward of  his  labor.  He  was,  (I  am  told,)  at  one 
time,  a  justice  of  the  marine  court  during  the 
temporary  ascendency  of  his  party;  but  with 
this  trifling  exception,  I  cannot  learn  that  he 
was  ever,  in  the  least,  indebted  to  office,  either 
for  the  pro6ts  or  the  honors  in  which  he  has  so 
copiously  and  deservedly  shared. 

"In  1812,  he  was  visited  by  a  severe  do- 
mestic calamity  in  the  death  of  Mrs.  Wells, 
to  whom  he  had  always  been  very  tenderly  at- 
tached. He  remembered  her  meekness,  her 
kind  attentions  in  adversity — she  had  shared 
in  his  prosperity  without  ostentation.  Her 
death  brought  back  to  his  mind  associations 
which  awakened  his  early  woes — he  was  a  man, 
aud  he  mourned  the  bereavement.  But  he  was 
a  christian,  and  he  bade  her  adieu  with  a  full 
persuasion  that  he  should  see  her  again;  that 
she  had  gone  to  sleep  for  awhile,  but  would 
shortly  awake  to  happiness  forever. 

"He  was  married  again  in  1816,  to  Miss 
Huger,  of  the  city  of  New  York,  daughter  of 
Charles  Huger,  deceased,  late  of  Charleston, 
(S.  C.,)  a  highly  respectable  and  accomplished 
lady,  who  survived  him,  and  still  continues  to 
reside  with  his  children  at  the  family  mansion. 

"  His  health  continued  remarkably  fine,  and 
almost  without  intermission,  till  within  three 
days  of  his  death.  On  Wednesday  evening, 
the  3d  September,  1823,  having  been  actively 
engaged  in  business duringthe  day,  he  returned 
to  his  family,  complaining  of  extreme  weakness 
and  languor,  for  which  he  said  it  was  difficult 
to  account,  as  he  had  felt  its  approach  but  for 
a  few  minutes.  He  continued  in  this  situation 
during  the  two  following  days,  with  very  little 
pain,  but  attended  by  a  rapidly  increasing  de- 
bility. It  was  not  till  Saturday,  the  6th  Sep- 
tember, that  any  fears  were  entertained  of  his 
approaching  dissolution,  either  by  himself  or 
his  family;  and  he  expired  a  few  minutes  after 
these  apprehensions  arose,  apparently  falling 
asleep  as  if  from  mere  fatigue  or  exhaustion. 

'•  Mr.  Wells  did  not  aspire  to  the  character 
of  an  universal  genius,  and  he  undoubtedly  se- 
lected his  fort,  or  strong  ground,  when  he  com- 
menced the  Study  of  the  law.  The  foundations 
of  his  reputation  in  this  department  were,  a 
mind  naturally  strong  and  comprehensive,  im- 
proved by  the  usual  classical  studies,  a  critical 
acquaintance  with  English  belles  lellres,  and  a 


136 


LIFE   OF   JACOB   BARKER. 


laborious  systematic  study  of  the  common  law, 
both  in  its  theory  and  practice.  He  despised 
the  character  of  a  mere  sciolist  in  his  pro- 
fession, the  tame  and  idle  spirit,  which  wanders 
amonu-  glossaries,  digests  and  indices,  content 
with  rules  and  principles  in  the  abstract,  with- 
out knowing  how  they  ever  have  been  or  can 
be  applied.  He  did  not  fear  the  imputation  of 
being  a  case-lawyer,  because  he  had  traced  the 
law  to  its  ancient  sources,  by  looking  into  and 
studying  the  cases  themselves,  instead  of  re- 
ceiving them  upon  trust,  on  the  authority  of 
Blackstone,  Comyn  or  Bacon.  He  was  a  prac- 
tical refutation  of  that  quackery  which  holds 
any  strength  of  mind  in  a  lawyer,  however  great 
it  may  be,  a  safe  substitute  for  study  and  au- 
thority. Accordingly,  his  library  was  early  and 
extensively  stored  with  the  books  of  common 
law,  indiscriminately,  as  well  as  those  which 
relate  to  the  three  kindred  and  closely  con- 
nected branches  of  international,  maritime  and 
commercial  law.  As  a  proficient  in  the  latter, 
he  was  geuerally  acknowledged  to  stand  un- 
rivalled at  our  bar.  His  law  books  and  cases 
had  a  decided  preference  with  him,  though  they 
by  no  means  excluded  the  pursuits  of  various 
literature.  He  was  pleaded  with  the  calls  and 
attention  of  his  friends,  but  study  and  business 
had  ripened  into  a  second  nature,  aud  so  far 
from  being  a  burthen,  he  could  return  to  it  with 
zest  from  the  greatest  delights  of  social  inter- 
course. The  transition  from  a  state  of  high 
enjoyment  and  glee  in  the  circle  of  friendship 
to  one  of  the  most  profound  engagement  and 
abstraction,  did  not  appear  to  cost  him  a  sin- 
gle regret,  or  a  single  effort. 

"  The  cause  of  his  client  was  always  an  ob- 
ject of  peculiar  solicitude.  This  he  never  neg- 
lected. In  addition  to  the  general  stock  of 
knowledge  which  he  brought  to  his  aid,  it  uni- 
formly underwent  the  most  exact  and  scrupu- 
lous examination  as  to  its  particular  features. 
No  principle,  no  case  bearing  upon  the  sub- 
ject, which  his  various  knowledge  and  exten- 
sive library  afforded,  was  omitted  in  the  pro- 
cess. The  evidence  was  weighed ;  the  latent 
defects  explored;  and  his  opinions,  in  cases  of 
doubt  and  difficulty,  were  seldom  expressed  till 
he  had  attained  the  point  of  certainty  as  nearly, 
perhaps,  as  it  could  be  reached  by  legal  de- 
monstration. His  conclusions,  thus  carefully 
formed,  were  sustained  by  him  be'ore  the  va- 
rious courts  where  he  practiced  with  a  firmness 
and  boldness  which  pertained  to  a  conscious- 
ness of  their  accuracy,  and  a  learning  emi- 
nently calculated  to  edify  and  aid  the  researches 
v  of  the  most  enlightened  and  experienced 
tribunal.  '  He  has,'  said  the  late  Chancellor 
Kent,  on  hearing  of  his  death,  'been  pouring 
instruction  over  my  mind  for  fifteen  years.' 

"  He  was  pursuaded  that  the  lawyer,  though 
he  has  prepared  his  case  by  laying  his  premises, 
and  proceeding  to  a  conclusion  in  his  own 
mind,  has  performed  but  the  minor  part  of  his 
duty.     The  operations  of  the  closet  have  yet  to 


withstand  the  criticisms  of  some  lynx-eyed  ad- 
versary, and  undergo  the  sittings  and  canvass- 
ings  of  the  bench.  Successfully  to  conduct  his 
official  auditors  to  the  same  conclusion,  to  sim- 
plify, to  elucidatp,  to  demonstrate,  to  convince, 
to  transfuse  his  own  ideas  into  the  minds  of 
others,  to  iefute  the  arguments  of  opposing 
counsel,  animated  bv  convictions  perhaps 
equally  strong,  and  actuated  by  powers  equally 
commanding,  to  detect,  the  sophistries,  dissi- 
pate the  obscurities,  obviate  the  doubts,  and 
disentangle  the  subtilties  in  which  zeal  and 
ingenuity  have  involved  the  subject,  or  to  meet 
all  these  by  anticipation  when  the  order  of  pro- 
ceeding will  not  admit  of  a  reply,  was,  in  the 
important,  intricate,  and  nicely  balanced  causes 
in  which  Mr.  Wells  was  frequently  engaged, 
and  before  the  courts  where  he  usually  ap- 
peared, one  of  the  loftiest  efforts  of  human 
genius.  It  was  on  occasions  like  these,  '  when 
the  matter  matched  his  mighty  mind,'  when 
his  highest  powers  were  truly  put  in  requisi- 
tion, that  he  justified  the  public  in  the  rank 
which  they  had  assigned  him,  of  the  most  ac- 
complished lawyer  and  eloquent  pleader  in  the 
State. 

"  In  the  discharge  of  his  duty  as  an  advo- 
cate, he  generally  avoided  anything  like  an  ex- 
ordium, and  endeavored  to  lead  his  hearers  by 
the  shortest  and  most  distinct  route  to  the  real 
point  in  controversy.  In  doing  this,  he  was 
rarely  unsuccessful.  The  mind  was  suddenly 
filled  with  his  subject,  stripped  of  every  thing 
trilling  and  impertinent,  or  connected  only 
with  such  agreeable  associations  as  were  calcu- 
lated to  interest  his  audience  and  fix  their  at- 
tention. His  power  of  simplifying  the  most 
intricate  cases  has  often  been  admired,  and  sel- 
dom, if  ever,  excelled.  This  enabled  him  to 
keep  in  constant  view  the  strong  points  of  his 
cause.  He  was  a  perfect  master  of  the  narra- 
tion ;  his  memory  reached  all  its  details;  and 
when  interrupted  as  having  maimed  ordisturted 
evidence,  the  explanation  which  followed  gen- 
erally resulted  in  the  most  triumphant  accu- 
racy. In  the  distribution  of  his  subject  he  was 
rigidly  methodical,  and  his  arrangement  ap- 
peared to  be  the  most  natural  and  lucid  of 
which  it  was  susceptible.  Indeed,  he  had  no 
wish  to  perplex,  entangle,  or  mislead  ;  for  he 
would  not  violate  his  own  clear  convictions; 
and  having  been  cautious  to  be  well  persuaded 
in  his  own  mind  that  the  cause  was  with  his 
client  upon  iis  ultimate  merits,  his  arguments 
seldom  rested  on  merely  technical  and  formal 
grounds.  If  he  became  satisfied  that  his  ad- 
versary could  not  be  annoyed,  unless  by  a  pro- 
fessional ruse  de  gverre,  operating  in  deroga- 
tion of  his  plain  aud  substantial  rights,  suc- 
cess in  such  legal  legerdemain  had  no  charms 
I'or  him,  aud  he  either  advised  a  compro- 
mise upon  equitable  principles,  or  withdrew 
from  the  controversy.  Heuuilbrmly  examined 
the  whole  range  of  discussion,  and  sought  such 
a  result  as  he  believed  would  be  reflected  by 


CHARACTER    AND    HISTORY   OF   JOHN    WELLS. 


137 


the  mirror  of  the  law  in  its  truth  and  purity. 
To  this  result  he  adhered  with  a  Spartan  firm- 
ness, which  shewed  that  he  considered  its 
maintenance  not  only  a  matter  of  private  but 
of  public  duty.  Hence  he  gave  no  countenance 
to  uncertainty  and  innovation,  by  endeavoring 
to  substitute  the  maxims  of  a  fanciful  morality 
for  those  of  law  ;  though  where  the  legal  rule 
which  governed  his  case  was  doubtful,  no  one 
was  better  qualified,  by  a  philosophic  view  of 
its  moral  merits,  to  show  which  side  of  the 
scale  should  preponderate;  and  no  one  was  en- 
titled to  assume  a  higher  tone  upon  those 
questions  which  have  been  treated  as  belonging 
to  the  school  of  imperfect  obligation.     For, 

'•  Wells  was  a  christian  moralist.  He  had  in 
early  life  made  the  doctrine  of  ethics,  as  re- 
fined and  exalted  by  the  promulgation  of  the 
gospel,  the  subject  of  a  thorough  investigation. 
The  consequence  was  a  profound  sense  of  its 
truth  and  importance.  And  though  be  viewed 
its  great  and  leading  doctrines  as  extremely 
simple  and  easily  applicable  to  the  ordinary 
duties  of  life,  he  did  not  believe  that  one  whose 
profession  or  extensive  connexions  in  business 
was  continually  briuging  under  his  review  the 
conduct  of  mankind  in  its  greatest  variety, 
should  content  himself  with  the  knowledge  of 
its  rudiments.  He,  therefore,  regarded  it  as  a 
part  of  his  professional  duty,  to  be  well  ac- 
quainted with  the  moral  code.  And  if  the  ef- 
fect of  its  doctrines  upon  his  heart,  and  his 
practice  in  all  the  relations  of  life  were  to  form 
the  test  of  its  excellence,  the  scoffs  of  scepti- 
cism would  be  silenced  forever,  and  the  maniac 
ravings  of  theatheist  regarded  as  doubly  insane. 
He  was  a  most  severe  and  critical  judge  of  his 
own  conduct.  He  looked  upon  religion  as  in- 
tended to  regulate  our  intercourse  with  one 
another  here,  by  adding  to  the  ordinary  sanc- 
tions of  temporal  morality  the  rewards  and 
punishments  of  another  life,  'according  to  the 
deeds  done  in  the  body.'  His  sense  of  duty 
wa3  formed  upon  this  foundation,  and  improved 
into  a  habit;  so  that  he  presented  one  of  the 
finest  models  of  everything  excellent  in  private 
life,  and  brought  with  bini  an  astonishing 
weight  of  character  to  the  bar.  He  thought  it 
his  duty  to  make  a  public  profession  of  religion. 
Satisfied  that  the  creed  and  practice  of  the 
English  Episcopal  church  were  the  nearest  in 
accordance  with  his  views,  as  being  the  most 
liberal  and  enlightened  of  any  which  prevailed 
among  the  various,  though  respectable  denom- 
inations of  christians  in  this  country,  these 
circumstances  determined  his  preference.  For 
several  years  before,  and  at  the  time  of  his 
his  death,  he  was  a  member  of  Grace  church, 
in  the  city  of  New  York.  But  he  was  a  pro- 
fessor of  religion — not  a  party  professor.  In 
relation  to  all  other  christian.--,  professing  or 
Otherwise,  he  was  mild  and  tolerant.  Amidst 
bitter  railings,  sectional  accusations,  harsh 
epithets,  vindictive  jealousies,  obstinate  diver- 
sities of  sentiment  in  matters  of  trifling  mo- 


ment, adding  fuel  to  schism  and  arguments  to 
infidelity,  lie  stood  a  firm,  unshaken  example 

of  forbearance,  candor  and  charity.  And  while 
he  lived  the  life  and  maintained  the  character 
of  a  sincere  and  pious  believer,  he  was  humble 
and  unobtrusive  in  his  opinions,  content  and 
happy  that  his  '  serious  thoughts  should  rest  in 
heaven.' 

" '  As  some  tall  cliff  tlint  lifts  its  awful  form, 

.Swells  from  til--  vale,  and  midwiiy  I,  a  v.-s  the  storm, 
Though  round  its  breast  the  rolling  clouds  are  spread, 
Eternal  sunshine  settles  on  its  head.  ' 

"I  have  noticed  the  morals  of  Mr.  Wells  in 
this  place,  because  they  entered  much  into  his 
character  as  an  advocate.  His  language  to  all 
others,  so  far  as  their  religious  creed  came  into 
question,  was  precisely  that  of  our  constitution. 
'  You  may  be  right,  and  I  may  be  wrung.' 
Hence  no  one  could  be  less  assuming,  less  dog- 
matical, less  the  practical  sectarian.  But  this 
very  circumstance  rendered  his  rebuke  of  every 
palpable  deviation  from  the  plaiu  standards  of 
moral  conduct  the  more  awfully  stern  and  se- 
vere, and  gave  double  point  to  those  nne 
strains  of  moral  reasoning  sometimes  resorted 
to  by  him,  either  with  a  view  to  strengthen  the 
legal  inference  for  which  he  had  been  contend- 
ing, or  to  elicit,  explain  or  rectify  a  point  left 
in  doubt  by  the  obscurity,  inaccuracy,  or  dis- 
crepancy of  the  books,  or  the  total  absence  of 
authority.  On  these  occasions  he  was  truly 
inimitable.  While  with  his  own  master  hand 
he  led  you  back  to  the  infancy  of  the  common 
law,  traced  the  various  operation  of  moral 
causes  which  gave  it  birth,  and  growth,  and 
maturity,  and  threw  a  blaze  of  light  over  that 
which  had  been  hidden  in  the  darkness  of  ages, 
you  almost  confounded  the  advocate  with  the 
awful  voice  of  Justice  herself,  teaching  to  her 
own  tribunals  the  first  principles  upon  which 
her  laws  should  be  administered. 

"  He  was  an  orator  of  the  first  order.  '  A 
man  may  be  called  eloquent,'  says  Doctor 
Goldsmith,  '  who  transfers  the  passion  or  senti- 
ment with  which  he  is  moved  himself  into  the 
breast  of  another.  An  intimate  persuasion  of 
the  truth  to  be  proved,  is  the  sentiment  and 
passion  to  be  transferred;  a-id  who  etf.  CIS  this, 
is  truly  possessed  of  the  talent  of  eloquence. 
Perhaps  no  man  was  ever  a  more  perfect  illus- 
tration of  this  definition  than  Mr.  Wells.  Hav- 
ing devoted  himself  to  the  forum,  the  talent 
which  he  cultivated  with  the  greatest  assiduity, 
and  with  the  most  complete  success,  was  that 
of  ratiocination;  and  there  is  no  doubt  that 
this  formed  the  predominant  character  of  his 
eloquence.  Yet  he  was  seldom  uninteresting 
even  in  his  most  ordinary  efforts:  and  be  »■■ 
far  from  being  fettered  to  the  dry  details  of 
business-like  discussion,  when  not,  strictly  re* 
quired  bv  the  matter  under  consideration. 
Nature  had  given  him  al!  the  vehemence,  the 
fire,  the  mirth,  the  wit,  and  the  pathos  which 
characterize  so  many  of  the  bar  in  the  country 
of  his    European    ancestors;   but    it    was    the 


138 


LIFE   OF   JACOB   BARKER. 


study  of  his  life  to  master  his  native  propen- 
sity, and  make  it  give  place  to  a  substitute  or- 
dinarily more  useful  and  efficient  in  the  labors 
of  the  forum.  He  so  far  succeeded  as  never  to 
overact,  but  always  measure  the  exercise  of 
these  interesting  qualifications  strictly  by  the 
nature  of  the  subject.  Yet  though  the  ground 
which  he  trod  was  that  of  the  philosopher,  the 
lawyer,  the  logician,  he  delighted  to  pluck  the 
flowers  which  sprang  spontaneously  in  his  path, 
while  he  trampled  with  disdain  the  far-fetched 
and  tawdry  exotic.  He  could  laugh  out  of 
countenance  the  foibles  and  follies  of  mankind  ; 
and  meanness,  treachery  or  fraud,  touched  by 
bis  sarcasm,  intolerably  pointed  and  severe, 
started  into  their  naked  deformity.  Sometimes 
you  might  see  affectation  or  hypocrisy  writhing 
under  the  lash  of  his  irony,  and  when  called  to 
act  in  the  cause  of  oppressed  and  suffering 
humanity,  be  awoke  into  the  liveliest  action 
all  the  strings  of  the  soul. 

'"But  his  arguments  were  usually  conducted 
with  direct  and  sober  earnestness,  and  so 
framed  to  convince  rather  than  amuse.  Some- 
times they  were  terse  and  condensed;  at  others 
full  and  illustrative;  and  though  he  was  occa- 
sionally pointed  and  sarcastic,  he  was  com- 
monly gentle  and  conciliating.  His  candor  and 
integrity  ofteu  drew  the  warmest  sentiments  of 
approbation  and  respect  from  opposing  coun- 
sel. In  his  opening,  he  proceeded  with  slow, 
regular  and  deliberate  movements,  occupying 
as  he  advanced  such  strong,  distinct,  and  well 
fortified  positions,  directly  on  the  road  to  his 
object,  as  led  you  along  a  safe  and  willing  fol- 
lower, and  prepared  you  at  once  to  echo  his 
conclusion.  The  whole  bore  so  much  the  ap- 
pearance of  study,  system  and  preparation,  as 
induced  you  at  times  to  place  his  great  strength 
in  this  department,  and  to  doubt  his  powers  of 
reply.  You  were  deceived.  He  could  not  only 
seize  on  the  most  apposite  arguments  almost 
intuitively,  and  wield  aud  fashion  them  as  cir- 
cumstances or  inclination  directed;  but  be  was 
prompt,  skilful,  and  decisive,  in  meeting,  at 
every  point,  the  various  assaults  of  adverse 
ingenuity. 

"  He  had  a  masterly  manner  of  clothing  a 
long  chain  of  connected  ideas  in  the  choicest 
language.  His  voice  was  flexible,  under  good 
management,  and  easily  accommodated  to  the 
sentiment  he  was  desirous  to  express;  of  a 
fulness  and  compass  which  enabled  him  to 
discuss  a  question  for  a  long  time,  and  in  the 
most  animated  manner,  without  faltering  or 
hoarseness;  and  so  clear  and  loud  as  to  render 
one  sitting  near  him  slightly  uneasy  from  the 
weight  and  pungency  with  which  it  fell  upon 
the  ear.  It  was  naturally  forcible  and  com- 
manding ;  and  its  softer  tones  of  mild  persua- 
sion were  evidently  the  result  of  cultivation 
and  discipline. 

"  In  his  person,  Mr.  Wells  was  slightly  above 
the  middle  size.  He  bestowed  greater  atten- 
tion upon  its  neatness,  and  his  dress  was  more 


fashionable  and  better  adjusted  than  is  gener- 
ally deemed  consistent  with  his  habits  of  study 
and  abstraction.  His  form  was  erect,  solid, 
firm,  well  proportioned,  and  apparently  fitted 
to  endure  great  muscular  exertion.  His  fea- 
tures wore  regular;  and  his  complexion,  wlii;;h 
was  somewhat  lighter  than  might  be  expected 
to  accompany  his  glossy-black  hair,  his  dark 
eye  brows,  overshadowing  a  pair  of  keen,  full 
and  black  eyes,  was  tinged  with  a  glow  of  good 
health.  Nature  had  probably  thrown  into  his 
countenance  something  which  physiognomy 
would  call  an  air  of  archness,  cunning  and  sub- 
tilt v ;  but  this  had  long  since  been  subdued  to 
the  bold  open  front  of  honor  and  integrity.  In 
the  excitement  of  debate,  his  eye  sparkled 
with  peculiar  lustre,  and  his  whole  countenance 
beamed  with  intelligence.  Engagements  of 
less  importance,  or  the  hour  of  total  relaxation 
from  business  changed  these  appearances  only 
in  degree,  and  superadded  a  composure,  mild- 
ness and  benignity,  which  would  have  led  the 
philosopher  or  the  philanthropist,  instinctively 
to  have  sought  him  out  as  a  brother. 

"  Of  all  men,  perhaps,  he  was  the  least  trained 
'  to  set  his  looks  at  va-iance  with  his  thoughts.' 
His  countenance  uniformly  proved  traitor  to 
the  workings  of  his  mind.  I  am  told  by  a  gen- 
tleman who  was  for  many  years  clerk  of  the 
circuit  and  sittings  in  New  York,  that,  he  could 
always  discover,  through  this  medium,  Mr. 
Wells'  confidence  or  want  of  faith  in  his  cause; 
that,  on  some  dark  feature  coming  out  against 
his  client,  he  would  turn  to  him  with  a  lour  of 
suspicion,  and  demand,  in  a  peremptory  under 
tone,  '  Sir,  how  can  you  explain  this  to  me?' 
His  high  cultivation  of  the  moral  sense  ren- 
dered him  a  most  miserable  advocate  for  a  cli- 
ent who  failed  to  satisfy  him  that  he  deserved 
his  aid;  but  this  very  circumstance  imparted 
to  him  a  zeal,  acuteness,  and  perseverance  in 
the  vindication  of  what  he  was  persuaded  to 
be  right,  or  in  the  refutation  of  what  he  believed 
to  be  wrong,  which,  sustained  by  his  high  pow- 
ers as  a  lawyer  and  orator,  rendered  him  as 
safe  an  advocate  as  justice  herself  could  desire. 

"His  gestures  were  easy  and  dignified; 
his  delivery  natural,  firm  and  well  accented, 
occupying  that  happy  medium  between  slow- 
ness and  impetuosity,  which  gave  to  every  word 
its  full  and  distinct  pronunciation,  and  dealt  to 
every  sentence  its  proper  measure  and  empha- 
sis; so  that  with  his  perspicuity  of  arrange- 
ment and  expression,  no  speaker  could  be  more 
easily  understood.  There  was  nothing  like  hesi- 
tation, ' recalling  or  re-casting  of  sentences  as 
he  went  along;'  but,  on  the  contrary,  he  wa3 
perfect  master  of  his  language  as  well  as  of  hia 
subject;  aud  the  occasional  grandeur  of  his 
peroration  showed  him  no  less  the  towering 
and  sublime,  when  his  subject  called  for  it, 
than  he  was,  on  ordinary  occasions,  the  forcible 
aud  argumentative  speaker. 

"  Such  is  the  life,  such  the  death,  such  the 
character  of  Mr.  Wells.     Perhaps  no  man  in 


INSULTED   ON    THE   NEW   YORK    EXCHANGE. 


139 


this  country  ever  reached  the  same  elevation 
and  occupied  so  large  a  space  in  the  public  eye, 
upon  the  mere  footing  of  professional  eminence 
and  individual  worth.  'Men  of  talents  in  the 
United  States,'  it  is  said,  'are  generally  bred  to 
the  bar;'  and  it  is  not  to  be  denied  that  there 
are  many  of  these  who  have  stood,  and  who 
now  stand,  as  high  in  the  public  estimation  as 
Mr.  Wells;  that  the  influence  of  their  talents 
and  character  has  been  equally  benign,  and 
much  more  extensive,  than  we  are  entitled  to 
claim  for  him;  and,  consequently,  that  their 
reputation  filled  a  wider  region.  Such,  per- 
haps, were  many  of  those  who  have  departed 
before  him;  among  whom  were  a  Hamilton,  a 
Parsons,  a  Dexter,  a  Pinckney,  a  Livingston. 
Yet  how  far  the  high  offices  which  these  great 
men  held  at  various  periods,  and  the  disposi- 
tion of  the  different  political  parties  in  which 
they  figured  to  make  the  most  of  their  leaders 
may  have  entered  into  the  formation  of  their 
characters,  it  is  indeed  impossible  to  determine; 
but  it  is  not  dealing  unfairly  with  their  memory 
when  we  make  great  allowance  lor  the  force  of 
such  circumstances.  These  adventitious  causes 
had  no  a?ency  in  the  fortune  and  character  of 
Mr.  Wells.  He  stood  alone — the  architect  of 
own  greatness.  The  wreath  which  he  wore 
was  not  won  in  the  race  of  plebian  competi- 
tors, for  he  was  a  master  spirit  in  the  ranks  of 
the  American  bar — the  talent  and  the  intellect- 
ual enterprise  of  the  republic — noble  and  gen- 
erous rivals,  who  yielded  him,  with  common 
consent,  and  with  cheerfulness  and  pride,  the 
honors  he  had  achieved." 

The  failure  of  the  Liverpool  house  came 
upon  Mr.  Barker  by  surprise,  he  not  haviug 
the  least  intimation  of  its  approach.  On  the 
contrary  he  was  in  anticipation  of  great  pro- 
fits from  the  business  it  would  be  in  his  power 
to  influence  to  that  establishment. 

Subsequently,  his  friends  through  his  agency 
purchased  and  paid  for  a  majority  of  the  stock 
of  the  North  River  Bank,  the  directors  of 
which,  many  of  whom  paid  for  their  stock  by 
borrowing  the  money  of  the  bank,  made  a  vio- 
lent war  on  Mr.  Barker;  one  of  them  insulted 
him  on  the  exchange,  on  which  occasion  Mr. 
Barker  addressed  to  him  the  following  letter : 

'•New  York,  January  29,  1822. 

"Sir:  You  having,  without  the  least  provo- 
cation, grossly  injured  me,  you  are  herebv  re- 
quirt-d  to  make  such  reparation  as  is  due  from 
one  gentleman  to  another.  The  friend  that  I 
expected  to  deliver  this  being  absent  for  the 
day,  he  will  call  on  you  to-morrow,  or  very 
soon  thereafter,  for  your  answer,  &c. 

"  Your  obedient  servant, 

"JACOB  BARKER. 

"Mr.  David  Rogers." 


The  letter,  of  which  the  foregoing  is  a  copy, 
was  delivered  to  Mr.  Rogers,  on  the  day  of  its 
date,  one  hour  after  the  insult  was  offered  at 
the  coffee-house ;  and  on  the  following  day, 
John  Wells,  esq.,  on  behalf  of  Mr.  Barker, 
called  on  Mr.  Rogers  to  know  if  he  would 
make  such  explanations  as  Mr.  Barker  could, 
consistently,  be  satisfied  with,  offering  at  the 
same  time  to  furnish  such  information  as  would 
satisfy  Mr.  Rogers  that  he  was  totally  mistaken 
in  the  opinions  he  had  expressed  ;  when  Mr. 
Rogers  declared  his  unwillingness  to  see  Mr. 
Barker  on  the  subject,  which  being  proposed 
to  him,  he  promptly  agreed  to  see  Mr.  Rjgers 
in  the  presence  of  Mr.  Wells  and  a  friend  on 
the  part  of  Mr.  Rogers,  but  objected  to  seeing 
him  alone;  whereupon  Mr.  Wells  wrote  the 
following  letter,  which  was  delivered  to  Mr. 
Rogers  on  the  evening  of  its  date : 

"  January  30,  1822. 

"Dear  Sir:  I  have  seen  Mr.  Barker,  who 
begs  that  you  would  name  as  early  a  time  and 
place  as  possible,  at  which  he  can  see  you  in 
presence  of  myself  and  a  friend  on  your  part, 
that  he  may  have  an  opportunity  of  making 
the  fullest  explanation  of  his  affairs.  1  have 
a  private  office  in  my  house,  (;!.">  Murray  street,) 
which  is  entirely  to  your  service,  or  you  may 
appoint  any  other  place. 

"I  am,  respectfully,  your  humble  servant, 
"JOHN  WELLS. 

"Mr.  David  Rogers." 

On  the  morning  of  the  31st  January,  Mr. 
Seely  called  upon  Mr.  Wells,  in  behalf  of  Mr. 
Rogers,  and  by  his  conversation  evinced  an 
indisposition  to  the  proposed  interview  aud 
explanations,  and  left  Mr.  Wells,  observing 
that  he  might  hear  from  him  again  in  the 
course  of  one  or  two  days.  Nothing  further 
being  heard  from  him  on  that  or  the  next  day, 
Mr.  Wells  delivered  to  Mr.  Barker  the  corres- 
pondence, saying,  nothing  was  likely  to  result 
from  his  interference.  On  the  evening  of  that 
day  Mr.  Barker  wrote  the  following  note: 

"New  York,  February  1,  1822. 

"Sir:  Will  you  be  pleased  to  send  me  by 
the  bearer,  my  friend,  William  II.  Allen,  a 
written  answer  to  my  note  of  2'Jth  ultimo. 

'"  Your  obedient  servant, 

"JACOB  BARKER. 

"Mr.  David  Rogers." 

This  letter  was  delivered  by  Lieutenant 
Allen  to  Mr.  Rogers,  with  the  pressing  demand 
of  a  categorical  answer,  which  was  evaded  by 


140 


LIFE   OF   JACOB   BARKER. 


the  plea  that  the  affair  was  in  the  hands  of 
Messrs.  Wells  and  Seely,  whereupon  Mr.  Wells 
wrote  the  following  letter: 

"February  5,  1822. 

"When  I  saw  you  last  week  (Thursday)  on 
the  subject  of  Mr.  Rogers  and  Mr.  Barker,  on 
leaving  me  you  said  that  you  would  see  me 
again  in  a  day  or  two;  not  having  since  heard 
from  you,  or  seen  you,  I  consider  the  business 
at  an  end  as  regards  my  agency  in  it. 

"  Very  respectfully,  your  humble  servant, 
"JOHN  WELLS. 

"Mr.  Seely." 

In  place  of  affording  the  required  satisfac- 
tion, complaiut  was  made  to  the  grand  jury, 
before  whom  Mr.  Rogers  testified  that  Mr. 
Barker  had  challenged  him  to  fight  a  duel, 
whereupon  they  indicted  him  for  such  an  of- 
fence. 

Before  the  case  was  tried  an  election  for 
directors  of  this  bank  came  on;  inspectors 
were  appointed  to  sustain  the  sitting  members; 
to  make  sure  of  this,  one  of  their  members 
resignad  and  was  appointed  inspector;  the 
farce  of  an  election  was  gone  through,  and 
the  sitting  members  declared  to  have  been  re- 
elected; these  proceedings  were  set  aside  by 
the  Supreme  Court,  which  rendered  a  decree 
in  words  following: 

"IN  SUPREME  COURT,  August  term,  1S22. 

u  The  people  of  the  State,  of  New  York,  at  the 

relation  of  Jacob  Barker  and  others, 

"against 

"  Abram  B.  Mead  and  otJiers. 

"Samuel  A.  Talcott,  attorney  general  of  the  peo- 
ple of  the  State  of  New  York,  moved  on  Tuesday, 
the  eighth  instant,  for  leave  to  file  an  informa- 
tion in  the  nature  of  a  quo  warranto  against 
the  defendants  above  named,  who  claim  to  be 
directors  of  the  North  River  Bank  of  the  city 
of  New  York.  This  motion  was  founded  on  a 
bill  in  chancery  recently  filed  against  the  de- 
fendants and  others,  by  James  D.  P.  Ogden, 
Jacob  Barker,  and  others,  and  on  the  answers 
to  that  bill,  and  also  on  an  affidavit  showing 
that  the  relators  above  named  are  stockholders 
in  the  North  River  Bank. 

"  On  Friday,  Chief  Justice  Spencer  delivered 
the  opinion  of  the  court,  to  the  following  ef- 
fect: 

These  applications  being  generally  found 
on  the  ex  parte  affidavit  of  the  relators,  it  has 
of  late  years  been  usual  in  ihe  English  Court 
of  King's  Bench  and  in  this  court,  to  afford 
the  defendant  an  opportunity  of  being  heard 
against  granting  leave  to  file  the  information. 
A  rule  to  show  cause  is,  therefore,  generally 


entered;  and  leave  is  afterwards  granted  or 
refused,  as  circumstances  shall  appear  upon 
the  cause  shown.  In  the  present  case,  the  ap- 
plication is  for  leave  to  file  the  information  in 
the  first  instance.  There  is  no  doubt  that  the 
court  are  bound  to  exercise  a  reasonable  dis- 
cretion on  the  subject ;  and  this  cause  comes 
before  us  in  a  manner  so  peculiar,  that  we 
think  it  proper  to  except  it  from  the  general 
rule.  The  application  does  not  rest  upon  a 
mere  ex  parte  affidavit.  The  evidence  placed 
in  our  hands  comes  from  the  defendants  them- 
selves, or  from  a  source  most  favorable  to  them. 
We  have  the  sworn  answers  of  the  defendants 
to  a  bill  in  chancery,  filed  in  relation  to  the 
very  election  complained  of.  We  have  also 
the  answers  of  the  inspectors  of  that  election. 
Upon  a  rule  to  show  cause,  nothing  could  be 
alleged  by  the  defendants  against  granting 
leave  to  file  the  information  which  is  not  already 
urged  on  their  part,  in  the  papers  presented  to 
the  court.  We  have  looked  into  the  answers, 
and  we  find  the  defendants  and  the  inspectors 
admitting  a  state  of  facts,  which  not  only  ren- 
der it  proper  to  grant  leave  as  applied  for,  but 
which  seem  to  us  imperiously  to  require  it  at 
our  hands.  To  give  time,  under  such  circum- 
stances, would  be  an  abuse  of  the  discretion 
vested  in  this  court.  We  will  briefly  advert  to 
a  part  of  the  case  as  admitted  by  the  defend- 
ants and  inspectors.  A  controversy  existed 
among  the  stockholders  of  the  bank,  a  portion 
of  whom  were  desirous  to  effect  a  change  in 
the  direction.  A  few  days  before  the  election, 
a  bylaw  was  passed  by  the  board  of  directors, 
of  which  board  most  of  the  defendants  were 
members,  and  then  present,  authorizing  any 
stockholder  to  challenge  the  votes  offered  at  the 
election  ;  and  if  supported  by  affidavits  or  other 
probable  cause,  to  the  satisfaction  of  the  in- 
spectors, that  they  might  then  require  the  per- 
son whose  vote  should  be  challenged,  to  make, 
on  oath,  answer  to  the  cause  of  challenge,  the 
sufficiency  of  which  should  be  determined  by 
the  inspectors;  and  if  such  oath  was  refused, 
that  the  vote  should  be  rejected.  Under  this 
bylaw,  votes  given  upon  the  proxies  of  several 
persons,  who  appeared,  from  the  books  of  the 
bank  and  the  certificates  of  the  cashier,  as 
stockholders  to  a  large  amount,  were  challenged 
on  the  ground  that  the  persons  in  whose  names 
the  stock  stood,  and  who  held  the  certificates  of 
the  bank,  were  not  the  exclusive  owners,  but 
that  some  third  person  or  persons  had  an  equi- 
table interest  therein.  This  was  considered  by 
the  inspectors  as  good  cause  of  cha'lenge;  and 
the  persons  whose  proxies  were  thus  objected  to, 
were  required,  notwithstanding  the  most  urgent 
remonstrance  to  the  contrary,  to  make  atlida- 
vitsiu  writing,  in  answerto  these  allegations,  and 
to  answer,  under  an  oath  prescribed  by  men 
who  did  not  themselves  act  under  the  solemn 
obligations  of  an  oath,  to  various  verbal  inter- 
rogatories, and  to  submit  to  a  sort  of  inquisi- 
torial examination  at  variance  with  the  fuuda- 


TRIAL    ON    THE    DUELLING   LAW. 


141 


mental  principles  of  our  civil  and  political  in- 
stitution-;, at  the  pleasure  of  the  inspectors.  In 
this  manner,  votes  upon  a  great  number  of 
shares  were  entirely  disregarded  by  the  inspec- 
tors. It  is  evident,  from  the  answers,  that  if 
all  the  votes  received  into  the  hands  of  the  in- 
spectors, from  persons  duly  authorized  to  give 
such  votes,  had  been  estimated  by  the  inspec- 
tors, that  the  result  would  have  been  different 
from  that  declared  by  the  inspectors ;  as,  in 
such  a  case,  the  persons  whose  seats  are  now 
conti  sted  could  not  have  been  certified  to  have 
been  elected. 

"  '  Without  entering  any  further,  at  this  time, 
into  the  facts  disclosed,  we  are  unanimously  of 
opinion,  that  the  by-law,  and  the  proceedings 
under  it  at  the  election,  were  most  illegal  and 
reprehensible.  The  act  of  incorporation  pro- 
vides, "  "that  each  stockholder  shall  be  entitled 
to  one  vote  on  each  share  of  the  stock  of  the 
bank',  which  he  shall  have  held  in  his  own  name 
at  the  last  fourteen  days  previous  to  the  time 
of  the  voting."  "— {Sess.  44,  ch.  146,  \  8.)  Fur- 
ther than  this  the  inspectors  had  no  right  to 
inquire,  as  it  was  not  competent  for  the  direc- 
tors to  pass  any  by  law  at  variance  with  the 
positive  provisions  of  the  act  incorporating  the 
bank.  We  therefore  feel  ourselves  called  upon 
to  grant  the  motion  ;  more  especially  as  the 
statute  contemplates,  in  cases  of  this  sort,  the 
most  speedy  and  effectual  proceedings  which  a 
due  regard  to  the  rights  of  parties  and  the  pro- 
per administration  of  justice  will  permit.' 

u  Leave  granted  to  file  the  information  in- 
stant er." 

The  trial  of  the  alleged  offence  against  the 
duelling  law  came  on,  when  David  Rogers  tes- 
tified, that  he  had  not  ever  dealt  with  Mr.  Bar 
ker ;  that  until  the  North  River  Bank  affair, 
tbeir  acquaintance  was  so  slight  that  they  did 
not,  in  passing,  recognise  each  other;  that  the 
remarks  he  made  to  Mr.  B.  on  the  exchange,  of 
which  Mr.  B.  complained,  detailing  them,  were 
from  information  derived  from  others;  that  Mr. 
B.  left  the  room  without  saying  a  word ;  that  in 
an  hour  thereafter  he  handed  him  the  letter  of 
the  29th  January  ;  that  when  he  received  it  he 
considered  it  a  challenge  to  fight  a  duel.  Mr. 
Wells  called  upon  him  the  following  day  ;  that 
he  considered  him  the  person  alluded  to  in  Mr. 
B.'s  letter ;  that  their  negotiations  were  of  a 
pacific  character  ;  that  Mr.  Seely  had.  at  his  re- 
quest, conferred  with  Mr.  Wells  on  the  subject 
without  any  satisfactory  result ;  that  he  received 
the  letter  of  Mr.  B.,  of  the  1st  February,  from 
Lieutenant  Wm.  H.  Allen;  that  he  had  testiBed 
before  the  grand  jury  that  he  was  sorry  to  have 
been  obliged  to  state  the  affair  to  them,  that  he 
told  the  foreman  so  at  the  time. 


Mr.  Wells,  a  witness  on  the  part  of  the  pro- 
secution, testified  :  That  on  the  occasion,  Mr. 
Barker  called  on  him,  his  feelings  appeared  to 
be  strongly  excited,  and  detailed  the  occurrence 
at  the  coffee-house;  having,  in  the  course  of 
professional  duty,  had  an  opportunity  of  know- 
ing the  affairs  of  defendant  for  several  years, 
believed  that  an  amicable  arrangement  might 
be  made  if  Mr.  Barker  had  an  opportunity  of 
explaining  his  affairs  to  Mr.  Rogers;  witness, 
with  Mr.  Barker's  consent  and  concurrence, 
called  on  Mr.  Rogers  on  the  30th  January  ;  had 
a  conversation  with  him,  and  requested  of  him 
to  see  Mr.  Barker,  and  hear  an  explanation  of 
his  affairs  ;  and  told  him  that  Mr.  B.  had  been 
injured  by  what  had  occurred  at  the  coffee- 
house ;  and  explained  to  him  his  views,  saying, 
that  from  the  character  the  witness  had  ever 
understood  that  he  (R.)  sustained,  he  was  led 
to  believe,  that  if  he  was  convinced  that  Mr.  B. 
was  really  injured  by  any  remarks  he  had  made, 
he  would  not  hesitate  to  say  so,  or  words  to 
that  effect;  to  which  Mr.  Rogers  assented,  or 
said,  certainly,  promising  to  send  a  friend  to 
confer  with  him.  Mr.  Seely  called  upon  wit- 
ness in  behalf  of  Mr.  Rogers ;  they  had  some 
conversation  and  correspondence,  from  which 
no  satisfactory  result  being  probable,  Mr.  B. 
was  notified  thereof,  and  the  correspondence 
delivered  to  him  ;  that  the  part  he  took  iu  the 
affair  was  v  holly  of  a  pacific  nature.  Witness 
added,  in  reference  to  the  Exchange  Bank  notes, 
that  from  his  knowledge  of  the  defendant  and 
his  business,  the  money  would  be  paid  for  them, 
if  Mr.  Barker  had  it,  as  freely  as  the  rain  had 
ever  fallen  from  the  heavens. 

The  district  attorney  called  Mr.  Halleck 
and  other  friends  of  Mr.  Barker,  in  the  expecta- 
tion of  establishing  from  his  confidential  con- 
versations what  he  meant  Mr.  Rogers  should 
understand  from  those  letters. 

M.  M.  Noah,  a  witness  for  the  prosecution , 
stated  that  defendant  had  called  on  him  to  publish 
the  correspondence,  which  he  had  declined. 

James  Orum,  also  a  witness  for  the  prosecu- 
tion, stated  that  he  had  printed  the  pamphlet 
in  evidence,  at  the  request  of  the  defendant; 
but  not  a  word  was  elicited  from  any  witness, 
going  to  show  that  Mr.  Barker  had  undertaken 
to  interpret  his  letters  as  meaning  a  challenge. 

The  cause  was  ably  summed  up  by  Thomas 
Addis    Einmit  and   Josiah   Ogden   Hoffman, 


142 


LIFE    OE   JACOB   BARKER. 


esqs.,  on  the  part  of  the  defendant,  and  by 
Messrs.  Maxwell,  Benner  and  Price,  on  the 
part  of  the  prosecution,  and  given  to  the  jury, 
who,  on  retiring,  agreed  that  a  vote  should  be 
taken  and  a  verdict  rendered  "guilty"  or  "  not 
guilty,"  according  as  three-fourths  of  the 
twelve  jurors  should  decide;  the  vote  resulting 
against  the  defendant  the  verdict  was  rendered 
in  accordance  therewith. 

Mr.  Barker  asked  for  a  new  trial ;  on  the 
hearing  of  the  motion  he  appeared  without 
counsel  and  reviewed  the  whole  case  very 
elaborately,  saying  that  he  did  not  complain  so 
much  of  the  verdict  as  the  manner  in  which  it 
was  agreed  upon  ;  that  it  was  subversive  of  the 
whole  doctrine  of  jury  trial,  substituting  the 
will  of  a  portion  for  that  of  an  unanimous  vote. 

The  recorder  remarked,  "  Had  this  been 
proven  by  legal  testimony,  we  have  no  hesita- 
tion in  saying  that  the  objection  would  be  fatal. 
You  brought  the  declarations  of  jurors  to  prove 
that  the  jury  agreed  that  if  nine  of  the  pannel 
should  unite  in  a  verdict,  the  other  three  should 
fall  in  and  find  with  them.  Such  conduct 
would,  undoubtedly,  be  reprehensible ;  and  this 
court  takes  this  occasion  to  say,  that  nothing 
would  be  more  alarming  than  for  our  jurors  to 
adopt  such  a  method  of  making  their  verdicts. 
You  have  only  the  proof  which  some  of  the 
jury  themselves  gave;  and  it  is  a  well  settled 
point,  that,  a  juryman  cannot  be  heard  to  dis- 
parage his  own  verdict." 

Mr.  Barker  responded:  "My  objections  to 
the  conduct  of  the  jury  being  overruled  by 
your  honor,  I  shall  not  press  that  matter  fur- 
ther than  to  say,  that  when  judgment  shall  be 
passed,  I  do  hope  the  irregularity  will  not 
escape  unnoticed;  that  there  may  not,  at  least, 
be  a  recurrence  of  a  practice  fraught  with 
such  incalculable  mischief,  and  which  must 
impress  with  awe  every  member  of  a  commu- 
nity, whose  life,  honor,  liberty,  or  fortune,  may, 
in  its  turn,  become  the  sport  of  chance. 

"  I  will  proceed  to  show  that  the  verdict  was 
not  supported  by  the  evidence ;  the  charge  of 
offence  against  the  common  law  not  having 
been  sustained  by  legal  proof,  and  so  ruled  by 
your  honor.  I  shall  devote  my  attention  more 
particularly  to  the  law  of  the  State,  which  I 
consider  to  to  be  unconstitutional,  and  to  some 
of  the  remarks  of  the  opposing  counsel." 

Mr.  Barker  haudled  those  gentlemen  with 


great  freedom,  seeming  to  consider  the  threat- 
ened disfranchisement  but  a  small  penalty  for 
the  pleasure  of  the  battle.  He  insisted  that 
the  damages  to  be  awarded  were  to  be  mea- 
sured by  the  provocation;  hence  all  things  re- 
lating thereto  were  fit  subjects  for  enquiry. 

He  referred  to  the  language  of  Rogers,  as 
sworn  to  by  himself;  his  ignorance  as  to  the 
matter  spoken  of;  his  refusal  to  hear  testimony 
and  to  make  the  required  explanations ;  and 
to  the  continued  injurious  course  of  the  direc- 
tors of  the  North  River  Bank,  as  described  by 
the  Supreme  Court  when  they  annulled  the 
illegal  election. 

"The  guilty  words  are,  doubtless,  'My  friend 
will  call  to-morrow;'  and  on  the  morrow  Mr. 
Wells  did  call.  How,  then,  can  it  be  doubted 
that  he  was  the  friend  alluded  to?  Still  they 
insist  he  was  not  the  man  alluded  to,  and  again 
I  ask  them,  what  proof  they  have  of  that? 
Mr.  Wells  on  his  examination  said,  that  if  Mr. 
Barker  meant  that  letter  as  a  challenge,  and 
the  friend  mentioned  in  it  as  a  second,  I  could 
not  have  meant  him,  because  I  never  said  one 
word  to  him  about  fighting  or  challenging,  or 
anything  more  than  the  desire  of  an  amicable 
explanation. 

"I  felt,  and  do  feel,  the  weight  of  my  obliga- 
tions to  Mr.  Wells,  and  that  my  whole  life 
would  not  repay  the  friendship  of  such  a  man; 
and  I  most  solemnly  declare,  that  I  never  con- 
sidered Mr.  Wells  in  any  other  light  than  as  a 
peace-maker,  and  that  if  I  ever  had  an  inten- 
tion of  dealing  out  justice  with  my  own  hand 
to  Mr.  Rogers,  Mr.  Wells  was  never  thought  of 
as  a  party  to  such  a  purpose.  He  has  testified; 
his  life  and  character  speak  volumes  for  the 
truth  of  what  he  utters,  and  because  he  says 
he  never  heard  a  word  of  fighting  or  of  chal- 
lenging, it  must  be  that  I  sent  some  other 
friend  to  challenge,  and  that  must  be  Lieu- 
tenant Allen,  because  I  employed  him  to  bear 
a  harmless  note,  and  bring  me  a  written  an- 
swer. Now,  I  put  it  to  the  court  to  say, 
whether  this  is  putting  a  fair  construction  on 
the  testimony,  or  whether  it  is  not  the  fairer 
and  more  rational  inference  that  Mr.  Wells 
was  the  friend  alluded  to  in  my  note  of  the 
29th  January,  and  that  my  only  object  was  of 
a  pacific  character. 

"  In  affairs  of  honor,  to  be  sure,  it  is  a  point 
of  honor  to  keep  the  secret,  and  the  gentlemen 


ARGUMENT    AGAINST   THE   VERDICT. 


143 


have  said  that  I  have  exercised  my  accustomed 
sagacity  in  doing  so.  I  certainly  kept  the 
secret,  if  there  was  one  to  be  kept,  with  such 
marked  fidelity,  that  the  gentlemen  have  not 
been  able  to  find  a  human  being  who  had  the 
most  distant  hint  of  it,  although  they  spread 
their  net  wide  indeed,  sweeping  my  friends  and 
associates  at  random  into  court,  to  give  evi- 
dence touching  my  conversations;  but  it  was 
not  in  their  power  to  extract  a  word  of  chal- 
lenging from  all  the  circle  of  my  friends  and 
acquaintance,  with  all  their  diligence,  which 
went  so  far,  that  I  wonder  they  had  not  called 
upon  Mrs.  Barker  and  her  daughter,  and  other 
inmates  of  my  house  to  detail  the  conversation 
of  the  tea-table,  &c.  Therefore,  I  do  think 
this  will  be  awarded  to  me,  unless  it  should  be 
believed  that  there  was  not  any  secret  to 
keep;  and  I  confess  that  is  the  natural  infer- 
ence, and  particularly  so  as  applicable  to  a  per- 
son so  fond  of  talking  as  everybody  who  knows 
Jacob  Barker  knows  him  to  be.  This  is  all 
well.  Let  no  guilty  man  escape.  I  am  con- 
tent. But  if  the  district  attorney  had  been 
as  active  in  doing  his  duty  against  others  as 
he  has  against  me,  against  whom  he  has  done 
it  nobly  indeed,  and  vigorously,  there  might 
have  been  some  other  victims  to  satisfy  the 
law.  Certain  it  is,  that  others  have  sent,  car- 
ried, and  accepted  challenges,  have  fought 
duels,  and  some  have  killed  their  neighbors. 

"Mr.  Allen  was  not  called  upon  to  testify ; 
perhaps  that  might  be  from  the  apprehension 
that  he  might  refuse  to  answer  in  crimination 
of  himself,  in  which  case,  it  is  true,  he  would 
he  protected  by  the  law.  But  the  question 
was  asked,  who  is  this  William  H.  Allen?  And 
this  question  was  to  make  it  appear  that  he 
was  a  lieutenant  in  the  navy.  I  will  now  in- 
form the  gentlemen  further,  Mr.  Allen  is  a 
lieutenant  in  the  navy  of  the  United  States. 
He  was  second  officer  on  board  the  Argus, 
when  the  London  editors  accused  her  of  having 
set  the  whole  Irish  sea  on  fire  ;  when  at  Lloyd's 
insurance  could  not  be  made  across  the  Irish 
channel  from  Liverpool  to  Dublin  under  10 
guineas  per  cent.,  notwithstanding  the  1,000 
British  ships  of  war  that  covered  all  the  seas; 
and  when  his  commander  and  namesake  was 
killed,  and  his  superior  officer  wounded  and 
taken  below,  he  fought  the  Argus  against  the 
Pelican,   a  ship   of  double  her   force,   for  20 


minutes,  until  the  wounds  of  the  first  officer 
were  dressed,  and  he  came  again  on  deck,  and 
ordered  his  flag  to  be  lowered  to  save  the  fur- 
ther effusion  of  blood.  The  gentlemen  now 
know  all  about  Lieutenant  Allen,  and  if  they 
can  use  this  information  to  their  advantage, 
they  are  welcome  to  it;  and  I  very  much  doubt 
if  they  can  give  so  good  an  account  of  them- 
selves during  the  war. 

"  If  the  letter  of  the  20th  January  had  been  a 
challenge,  that  of  the  1st  of  February  could 
not  have  been  one,  nor  could  it  support  the 
count  at  common  law,  which  was  for  sending  a 
challenge  by  Wm.  H.  Allen  ;  he  is  a  lieuten- 
ant in  the  navy,  that's  it,  therefore  I  am  guilty; 
whether  he  was  or  was  not  the  friend  alluded 
to  in  my  letter  of  the  29th,  can  have  no  bear- 
ing on  the  question,  and  especially  as  it  was 
not  proved  that  he  delivered  any  challenge 
whatsoever.  But  the  first  letter,  they  say,  was 
the  challenge,  and  the  friend  intended  in  that 
letter  was  Lieutenant  Allen. 

"The  district  attorney  opened  this  cause  by 
saying,  that  I  had  offended  against  the  laws  of 
God  and  man  ;  that  I  had  a  family ;  that  I 
owed  something  to  the  community;  and  for 
that  should  be  made  to  suffer  ;  and  some  spoke 
of  my  wife  and  children,  and  therefore  that  I 
should  answer  to  the  community.  It  was  the 
first  time  I  bad  heard  of  a  man's  being  pun- 
ished for  having  a  wife  and  children,  though  I 
had  often  heard  it  urged  in  mitigation  of  his 
sentence.  I  have,  it  is  true,  a  wife,  whose  bo- 
som is  replete  with  every  virtue  that  dignifies 
the  human  character,  and  I  have  nine  lovely 
children,  just  bursting  upon  the  world  in  pursuit 
of  honor,  fame,and  happiness;  and  may  my  heart 
cease  to  palpitate  when  it  ceases  to  feel  for 
them.  My  honor  is  their  honor;  and  may  my 
tongue  cease  to  articulate,  and  my  arm  be  un- 
nerved, when  they  cease  to  vindicate  the  honor 
of  such  a  family  as  God  has  given  me  to  watch 
over  and  protect.  But  I  do  not  come  to  ask 
for  them  the  sympathy  of  this  court,  nor  do  I 
know  why  they  have  been  meutioned  in  this 
cause.  I  equally  disclaim  being  held  guilty  or 
innocent  the  more  or  the  less  because  I  have  a 
family.  Not  one  of  my  family,  whilst  one  drop 
of  their  parent's  blood  thrills  through  their 
veins,  would  stoop  to  accept,  much  less  solicit, 
men's  compassion.  Fallen  as  our  fortunes  are, 
our  spirits  remain  unbrokeu.     I  cannot,  per- 


144 


LIFE   OF  JACOB   BARKER 


haps  prevent  their  mourning  over  my  misfor- 
tunes, but  I  can  assure  them  that  they  never 
shall  have  just  cause  to  blush  at  any  action  of 
my  life.  They  may  regret  that  my  enterprises 
have  not  been  crowned  with  more  success,  but 
they  shall  never  have  cause  to  be  ashamed  of 
me.  It  is  true,  also,  that  I  owe  much  to  the 
communitv,  a  part  of  which  is  to  oppose  my 
feeble  voice  against  all  attempts  to  invade  its 
laws  and  constitution — that  debt  I  am  at  this 
moment  paying  to  the  very  best  of  my  abilities. 
"  I  have  been  charged  with  ambition,  and  I 
acknowledge  the  weaknesses  that  belong  to 
frail  man.  My  greatest  ambition  is  to  hold  fast 
by  my  rights,  and  on  all  occasions  to  defend 
them.  Of  the  fame  of  having  sent  a  challenge 
I  am  not,  certainly,  ambitious.  No  man  holds 
a  professed  duelist  in  more  contempt  than  I  do. 
I  wish  it  were  not  necessary,  or  held  so  in  any 
case,  not  even  in  that  most  cogent  of  all  exi- 
gencies, the  vindication  of  a  lady's  honor.  But 
public  opinion  has  willed  it  otherwise,  and  I 
cannot  help  it,  as  I  do  not  make  public  opinion, 
however  much  I  may  be  under  the  painful  ne- 
cessity of  yielding  to  it,  we  are  all  slaves. 

"The  district  attorney  affected  to  consider  this 
case  as  one  of  small  importance.  Had  he  been 
cradled  in  democracy  he  would  have  different 
opinions  ;  and  had  he  reflected  that  he  received 
his  office  from  the  hands  of  men  who  consider 
the  right  of  suffrage  to  be  of  vital  importance, 
he  would  not  have  betrayed  his  monarchical 
sentiments. 

"  For  what  has  so  much  blood  and  treasure 
been  lavished  to  secure  our  independence,  and 
recently  to  protect  it?  For  what  were  the  glo- 
rious battles  of  New  Orleans,  of  Erie,  of  Cham- 
plain,  of  Bridgewater,  and  so  many  others 
fought?  For  what  has  so  much  blood  been 
spilt  in  South  America,  and  Europe,  but  to  se- 
cure and  protect  the  rights  of  self-government? 
To  urge  this  further  would  be  as  idle  as  to  at- 
tempt to  illuminate  the  sun.  So  important  do 
I  consider  the  right  to  hold  an  office,  civil  or 
military,  that,  were  I  possessed  of  the  Indies, 
or  the  mines  of  Peru,  I  would  have  sacrificed 
the  whole  for  the  honor  of  commanding  in  the 
armies  of  my  country,  and  in  her  defence,  on 
such  an  occasion  as  that  when  the  modern 
Vandals  entered  Washington,  where  I  witnessed 
the  flight  of  thousands  from  the  enemy,  with- 
out their  drawing  a  trigger  in  defence  of  the 


capital  of  the  nation,  intrusted  to  their  pro* 
tection.  Had  I  commanded  on  that  day,  I  too,  - 
might  have  retired  in  that  way,  as  no  man 
knows  until  he  is  tried.  I,  however,  do  think 
I  should  not  have  done  so  until  I  had  seen  hu- 
man blood,  and  that  might  have  overcome  my 
nerves.  Would  it  be  nothing  to  have  been  put 
in  a  situation  to  punish  that  insolent  aggres- 
sion? to  be  immortalised  as  were  the  leaders  of 
our  troops  at  the  battle  of  Bridgewater,  and 
the  sortie  from  Fort  Erie?  Is  it  nothing  to  be 
eligible  to  such  employment?  Is  that  of  no 
importance  to  a  man  who  professes  and  ac- 
knowledges himself  to  be  ambitious  of  every 
honorable  distinction  that  a  free  people  can 
confer  upon  him. 

"  One  of  the  counsel  thought  I  deserved  to  be 
convicted  for  not  having  come  out  in  the  public 
prints  and  denied  all  intention  to  challenge  Mr. 
Rogers,  that  he  might  have  been  spared  the 
scoffs,  and  sneers,  and  ridicule  of  the  world, 
and  that  the  boys  and  girls,  the  young,  the 
middle  aged,  and  the  old,  might  not  consider 
him  as  an  object  placed  through  life  '  for  the 
hand  of  scorn  to  point  its  slow  unerring  fin- 
ger at.' 

"And  did  he  think  his  employer  entitled  to  this 
kindness  from  me  after  he  had  heard  his  evi- 
dence ?  I  cannot  bring  my  mind  to  agree  that 
such  was  my  duty.  He  also  laid  much  stress 
on  my  not  having  seriously  denied  the  report 
to  my  friends  when  they  stated  it  to  me.  Cer- 
tainly he  had  no  solid  ground  for  a  conviction, 
or  he  would  not  have  seized,  with  such  avidity, 
on  so  flimsy  a  pretext. 

"  I  shall  now  examine  the  circumstances  of 
aggravated  provocation  under  which  I  was 
placed.  This  cannot  but  be  a  fit  subject  of 
inquiry,  if  the  penalty  be  in  the  discretion  of 
the  court. 

"Your  honors  will  recollect  the  time,  place, 
and  extent  of  the  insult  offered  to  me.  A 
doubt  was  attempted  to  be  raised,  indeed, 
whether  I  was  under  any  necessity  of  consider- 
ing the  expressions  used,  as  applicable  to  me. 
But  when  my  identity  with  the  Exchange  Bank, 
and  the  Bank  of  Washington,  and  Warren  is 
considered,  and  that  the  management  of  these 
banks  was  the  immediate  subject  of  conversa- 
tion, no  one  can  blame  me  for  understanding 
what  it  was  intended  the  dullest  should  not 
mistake.     It  is  trifling  with  justice  to  say  the 


ARGUMENT    AGAINST   THE   VERDICT. 


145 


cap  fitted,  and  I  put  it  on.  I  had  besides,  in 
my  pocket,  at  that  time,  an  anonymous  letter, 
■which  had  been  sent  to  my  father-in-law,  through 
the  post  office,  full  of  the  same  calumny,  applied 
to  me  by  name.  (Here  the  defendant  produced 
a  letter,  but  the  reading  of  it  was  objected  to, 
and  he  withdrew  it.)  Many  of  my  friends  have 
received  similar  letters,  which  we  believed  to 
have  proceeded  from  the  same  source.  And 
was  I  tamely  to  submit  to  these  gross  wrongs? 
Was  I  to  hear  all  and  to  say  nothing  ?  And 
•when  I  sent  an  honorable  friend  to  demand 
some  explanation,  must  I  be  punished?  And, 
if  considered  culpable,  will  all  this  provocation 
go  for  nothing?  Was  my  domestic  peace  to  be 
invaded  with  impunity?  Was  my  aged  father- 
in-law,  in  the  evening  of  his  life,  to  be  harrassed 
and  disturbed  on  my  account?  Were  these  at- 
tempts to  interrupt  the  confidence  and  affection 
of  my  own  family  to  be  repeated  by  these  men, 
and  I  not  allowed  to  use  my  feeble  voice,  my 
pen,  my  skill,  nor  to  make  any  effort  in  defence 
of  all  that  renders  life  desirable,  or  even  sup- 
portable ?  Forbid  it,  my  fellow  citizens!  forbid 
it,  this  honorable  court!  forbid  it,  Heaven! 

u  The  only  thiug  said  by  Rogers  which  can 
have  any  legal  bearing  on  the  case,  was,  that 
he  gravely  insulted  me  at  the  coffee-house ; 
that  my  letter  of  the  29th  was  delivered  to  him 
by  myself,  one  hour  after  the  insult,  and  at  the 
distance  of  or.e  mile  from  the  place  where  the 
insult  was  given;  that  Mr.  Wells  called  on  him 
the  day  following  the  date  of  that  letter;  that 
he  considered  Mr.  Wells  the  friend  alluded  to 
therein;  that  Mr.  Wells'  conversation  was  en- 
tirely of  a  pacific  character,  and  that  my  letter 
of  the  1st  of  February  was  delivered  to  him  by 
Lieutenant  Allen.  This,  considering  that  I 
had  to  write  a  letter,  look  for  a  friend,  find  him 
out  of  town,  write  another  letter,  and  seek  him 
at  so  great  a  distance,  was  tolerably  prompt; 
perhaps  not  so  much  so  as  the  insult  merited. 

"  The  gentlemen  have  accused  me  of  too  much 
confidence.  I  have  always  felt  great  confidence 
in  the  positions  I  supported,  and  I  have  seen 
no  cause  to  change  my  opinions;  and  if  I 
have  succeeded  in  expressing  the  extent  of  the 
confidence  I  feel,  I  have  at  least  been  success- 
ful in  one  thing. 

u  One  of  the  grounds  they  urge  for  my  convic- 
tion,  is   my  want  of  gravity.     A  very  slight 
ground  for  conviction  this.     I  do  not  know  how 
10 


to  be  very  grave;  it  is  not  in  my  nature  to  be  so; 
and  even  under  the  accumulation  of  injury 
done  me,  I  cannot  but  smile  at  their  despera- 
tion every  time  I  think  of  their  pretended  elec- 
tion for  directors  of  the  North  River  Bank  the 
present  week,  by  which  I  have  been  greatly 
injured  in  a  pecuniary  point  of  view.  Yet  I 
cannot  be  grave  when  talking  to  my  friends  on 
the  subject.  From  this  censure  I  wish  to  ex- 
empt Mr.  Jay.  I  consider  him  a  gentleman, 
and  a  man  of  honor.  He  was  not  at  the  board 
when  the  illegal  by-law  was  passed;  and  when 
he  heard  how  things  were  going  on,  he  went 
over  to  the  bank  to  regain  his  proxy;  it  having 
been  used  early  in  the  morning,  he  was  unfor- 
tunately too  late. 

"They  think  I  ought  not  to  succeed,  because 
the  learned  gentlemen  who  honored  me  with 
their  aid  on  a  former  occasion  did  not  urge  at 
the  trial  the  objections  I  have  urged,  and  be- 
cause they  are  not  now  by  my  side,  supporting 
with  their  legal  reputation  and  eloquence  those 
principles  for  which  I  contend  with  so  much 
zeal  and  confidence.  They  say,  that  if  they 
had  not  totally  objected  to  risk  their  legal  repu- 
tation in  so  desperate  a  cause,  I  should  have 
had  them  here  on  this  occasion,  as  I  possess 
abundance  of  means  of  paying  them.  Now, 
in  all  this  they  are  totally  mistaken.  I  am  not 
able  to  pay  them,  and  I  could  not  consent  to 
tax  their  liberality  further,  by  putting  in  requi- 
sition such  transcendent  talents,  which  they  are 
now  exerting  in  another  part  of  this  house,  and 
for  which  they  will  receive  that  pecuniary  com- 
pensation they  so  richly  merit,  and  which,  be- 
ing their  profession,  is  their  dependence  for  the 
support  and  fortune  of  their  families;  and  I 
will  uot  disguise  that  I  felt  competent  to  the 
task  I  have  undertaken.  I  have  not  paid  them 
one  cent  for  the  very  able  assistance  they  ren- 
dered me  on  the  trial ;  but  I  had  on  former 
occasions,  when  fortune  smiled  more  kindly  on 
me,  employed  them  and  paid  them  too,  and 
they,  true  to  their  well  known  characters,  did 
not  hesitate  to  come  forward  in  aid  of  an  old 
friend,  without  stopping  to  inquire  whether 
they  would  be  paid  or  not ;  and  so  far  from 
their  doubting  the  soundness  of  the  objections 
I  have  urged,  one  of  them,  Mr.  Hoffman,  told 
me  that  there  could  be  no  question  as  to  the 
point  of  law;  it  was  assuredly  with  me;  the 
duelling  act,  said  he,  being  abrogated  by  the 


146 


LIFE   OP    JACOB   BARKER. 


new  constitution.  And  I  understood  Mr.  Em- 
met to  express  the  same  opinion ;  but  I  do  not 
advance  that  with  the  same  confidence,  because 
my  conversation  with  him  was  more  general. 

"  There  can  be  no  question  but  what  the  test 
oath  was  unconstitutional,  and  that  it  was  ab- 
rogated by  the  new  constitution;  the  gentlemen 
say  that  the  latter  did  not  take  effect  until  De- 
cember next ;  everything  relating  to  the  fran- 
chise of  the  citizen  took  effect  in  March  last, 
and  I  insist  that  disqualifying  an  individual 
from  holding  office  under  the  State  relates 
directly  to  his  franchise ;  they  also  insist  that 
the  test  oath  only  was  abrogated,  and  not  the 
whole  law  ;  I  insist  that  when  the  vital  part  of 
any  law  is  abolished  the  whole  falls. 

"I  have  a  book  in  my  hand  which  shows  that 
where  a  bond  is  void  in  part  it  is  void  in  whole, 
and  so  of  conveyances,  which  are  against  the 
provisions  of  a  statute ;  and  I  think  it  reasonable 
that  if  a  part  of  a  statute  is  bad,  being  against 
the  provisions  of  the  constitution,  the  like  prin- 
ciple should  govern,  as  in  the  case  of  a  bond 
or  conveyance  made  against  a  statute.  In  14 
Johnson's  reports,  465,  I  find  this  passage  : 

"'It  appears  to  be  an  established  rule,  that 
where  a  bond  is  void  in  part,  as  against  the 
positive  provisions  of  a  statute,  the  whole  bond 
is  void.  This  distinction  was  taken  in  the  case 
of  Norton  vs.  Simmons,  (Hob.  14,)  between  a 
bond  made  void  by  the  statute  and  by  the  com- 
mon law ;  for  upon  the  statute  23  Hen.  VI,  if 
a  sheriff  will  take  a  bond  for  a  point  against 
that  law,  and  also  for  a  due  debt,  the  whole  is 
void,  for  the  letter  of  the  statute  is  so ,  for  a 
statute  is  a  strict  law;  but  the  common  law 
doth  divide  according  to  common  reason,  and 
having  made  that  void  which  was  against  rea- 
son, lets  the  rest  stand,  as  in  14  Hen.  VIII, 
fol.  15.  It  is  mentioned  also,  as  a  saying  of 
Lord  Hobart,  that  the  statute  is  like  a  tyrant, 
where  he  comes  he  makes  all  void ;  but  the 
common  law  is  like  a  nursing  father,  and  makes 
void  only  that  part  where  the  fault  is,  and  pre- 
serves the  rest.' 

"  To  enable  the  court  to  decide  whether  the 
statute  be  made  in  the  spirit  of  the  constitution, 
or  against  it,  it  will  be  necessary  to  know  its 
true  character;  and  to  ascertain  this,  we  must 
look  into  its  origin,  birth,  or  first  being. 

"  When  before  this  honorable  court,  on  a  for- 
mer occasion,  I  read  the  journals  of  the  Senate, 
showing  the  law  to  be  founded  upon  a  petition 
from  the  Rev.  Dr.  Milledoller,  and  several  other 
reverend  gentlemen,  one  of  whom,  if  not  more, 
devoted  at  least  a  month  to  travelling  through 


the  State  to  collect  signatures  to  the  said  peti- 
tion. In  respect  for  these  reverend  men,  I  will 
not  yield  to  any  one.  I  visit  their  churches ;  I 
listen  to  their  eloquence  from  the  pulpit  with 
attention  ;  I  hear  them  expound  the  divine 
law  with  delight;  I  hear  them  exhort  their  fel- 
low beings  to  forsake  their  sins  and  become  the 
disciples  of  Christ  with  pleasing  emotions,  which 
I  lack  words  to  express  ;  and  when  they  crave 
before  the  throne  of  grace  omnipotent  protec- 
tion and  forgiveness,  my  heart  is  filled  with 
reverence,  and  with  them  I  crave  from  on  high 
divine  illumination.  But  when  I  see  them 
overleap  their  prescribed  bounds  by  meddling 
with  our  political  institutions,  I  turn  from  them 
with  alarm  and  concern.  And  if  I  shall  here 
be  enabled  to  demonstrate  to  the  satisfaction  of 
this  court  the  true  character  of  this  law,  I  think 
it  will  prove  a  wholesome  admonition  to  these 
reverend  gentlemen  to  confine  their  future  la. 
bors  to  softening  the  heart  and  convincing  the 
understanding." 

Mr.  Barker  insists  that  if  the  law  has  not 
been  abrogated,  it  is  unconstitutional;  he  op- 
posed it  on  that  ground  as  a  member  of  the 
Senatorial  Committee,  again  in  the  Senate, 
from  which  body  the  bill  went  to  the  council  of 
revision,  where,  after  a  sharp  conflict,  it  was 
sustained  by  a  vote  of  four  to  three. 

"  Chancellor  Kent  delivered  a  very  able 
opinion  in  opposition,  and  when  the  subject 
was  brought  before  the  convention  Mr.  Jay 
observed  '  that  he  had  originally  introduced 
this  law;  that  he  drafted  the  law;  and,  though 
it  was  altered  in  its  passage  through  the 
House,  he  voted  for  it.  It  went  to  the  council 
of  revision,  which  was  said  to  be  divided.  But 
I  feel  ready  to  confess  that  if  I  had  seen  the 
objections  to  it  presented  by  the  honorable  the 
chancellor,  I  should  not  have  voted  for  it;  and 
I  am  ready,  therefore,  to  assent  to  the  repeal 
of  the  law  on  those  grounds.' 

"  The  court  will  please  to  remark  what  Mr. 
Jay  considered  the  question  to  be.  'I  will' 
said  he  '  vote  for  the  repeal  of  the  law' — not 
the  test  oath,  but  the  law.  Chief  Justice 
Spencer  considered  the  case  originally  uncon- 
stitutional, and  proposed  an  amendment;  but 
the  convention,  being  bent  on  their  purpose, 
were  not  to  be  diverted  from  abolishing  the 
whole  law;  they  rejected  the  amendment  74 
to  45. 


RESTORED   TO    CITIZENSHIP. 


147 


"The  legislature  are  competent  to  impose 
any  decree  of  punishment,  provided  they  do 
not  infringe  the  franchise  of  the  citizen;  this 
they  cannot  constitutionally  do  but  for  what 
the  law  denominates  an  infamous  crime;  and 
the  ofi'ence  under  consideration  is  at  most  but 
a  misdemeanor.  So  far  as  they  condemned 
me,  under  the  common  law,  their  doings  are  a 
nullity — they  having  done  so  without  evidence." 

Mr.  Barker  failed  to  convince  the  court  that 
the  law  of  the  State  was  unconstitutional,  or 
that  the  abrogation  of  a  portion  of  it  had  the 
effect  of  abrogating  the  whole.  The  court 
said,  among  other  things,  that  it  was  unani- 
mously of  the  opinion  that  it  would  not  be  just 
to  inflict  the  penalty  of  both  laws. 

u  As  at  common  law,  we  shall  not  consider 
the  verdict,  for,  in  the  first  place,  we  on  the 
trial  considered  only  the  statuteable  offence. 
The  proof  not  having  sustained  the  count  at 
common  law,  we  put  it  to  the  jury  only  as  an 
offence  against  the  statute,  though  they  found 
a  general  verdict  against  you.  Should  we  go 
further  now,  it  would  be  inflicting  a  double 
punishment,  and  contrary  to  the  testimony  in 
the  cause. 

"As  to  the  ground,  that  the  jury  found  a 
verdict  against  you  on  chance,  you  brought 
the  declarations  of  jurors  to  prove  that  the 
jury  agreed,  if  nine  of  the  panel  should  unite 
in  a  verdict,  the  other  three  should  fall  in  and 
find  with  them.  Such  conduct  would  undoubt- 
edly be  reprehensible;  and  this  court  takes 
this  occasion  to  say,  that  nothing  would  be 
more  alarming  than  for  our  juries  to  adopt  any 
other  method  of  making  their  verdicts  than  the 
true  merits  according  to  the  evidence." 

The  recorder  illustrated  this  opinion  with 
some  feeling,  and  stated  impressive  cases 
which  might  occur  if  there  should  be  a  recur- 
rence of  such  a  practice,  and  continued: 

"We  have  no  hesitation  to  say  that  that 
objection  would  be  fatal  if  established  by  legal 
evidence;  but  you  have  only  the  proof  which 
some  of  the  jury  themselves  gave;  and  it  is  a 
well  settled  point  that  a  juryman  cannot  be 
heard  to  disparage  his  own  verdict. 

"The  defendant's  points  have  all  failed  him; 
the  sentence  of  the  court,  therefore,  is  '  That 
you  be  incapable  of  holding,  or  being  elected 
to,  any  post  of  profit,  trust,  or  emolument, 
civil  or  military,  under  this  State.'  " 

These  disabilities  were  all  removed,  and  Mr. 


Barker  restored  to  all  the  rights  of  a  citizen, 
by  Governor  Clinton. 

The  New  York  city  press  was  generally  sub- 
servient to  the  monied  aristocracy;  and  it 
rarely  happened  that  a  sufficient  moral  courage 
was  found  among  individuals  to  take  part  in 
resisting  the  storm  which  was  raging  against 
Mr.  B.  The  character  of  this  hesitation  may 
be  gathered  from  the  following  letter: 

"  March  C,  1822. 

"Sir:  "We  have  been  called  upon  this  after- 
noon by  a  number  of  gentlemen  regarding  the 
documents  of  which  your  advertisement  is  com- 
posed, who,  upon  hearing  their  contents,  have 
given  us  to  understand  that,  if  published,  they 
will  involve  us  in  difficulty  with  many  of  our 
patrons  and  friends. 

"Not  feeling  willing  to  encounter  this  disturb- 
ed state  of  feeling,  we  are  under  the  necessity 
of  declining  the  insertion  of  the  advertisement. 

"We  are,  with  respect,  your  obedient  servants, 

"DWIGHT,  TOWNSEND  &  WifLKER. 

"Jacob  Barker,  esq." 

Very  soon  after  this  occurrence,  Mr.  Barker 
was  called  upon  to  mourn  the  untimely  death 
of  his  friend,  Lieutenant  William  H.  Allen. 

"  Lieutenant  William  Howard  Allen,  whose 
enviable  reputation  is  the  common  property  of 
the  nation,  was  born  in  the  city  of  Hudson,  on 
the  8th  of  July,  1790. 

"  He  possessed  strong  and  vigorous  intellec- 
tual powers,  and  he  mastered  the  sciences  with 
ease  and  laid  a  solid  foundation  for  future  use- 
fulness. He  always  availed  himself  of  every 
opportunity  that  offered  for  distinguishing  him- 
self, and  as  occasion  required  he  evinced  both 
skill  and  courage.  He  was  appointed  a  mid- 
shipman in  1808,  and  served  on  the  gun  boats, 
ships  Chesapeake  and  United  States.  In  1811 
he  obtained  a  furlough,  and  made  a  voyage  to 
Archangel  in  command  of  the  ship  Rodman. 
On  the  approach  of  war  he  returned  to  the 
United  States  service ;  was  promoted  to  the 
second  lieutenancy  in  1812,  when  he  entered 
on  board  of  the  Argus.  Her  cruise  continued 
prosperous  until  she  came  in  conflict  with  the 
British  sloop-of-war  Pelican.  Although  this 
vessel  was  superior  to  her  in  burden,  men  and 
metal,  yet  the  battle  was  long,  severe  aud 
'  bloody.  Early  in  the  action,  Captain  William 
Henry  Allen  was  mortally  wounded  and  carried 
below:  shortly  after,  the  first  lieutenant,  Wil- 
liam H.  Watson,  was  severely  wounded,  and 
taken  to  the  wardroom.  The  command  of  the 
Argus  then  devolved  on  Lieutenant  William 
Howard  Allen;  his  conduct  was  cool,  delibe- 
rate, and  such  as  received  the  admiration  of 
the  crew,  and  the  approbation  and  praise  of 
his  superior  officers.  After  lighting  was  use- 
less, the  Argus  was  surrendered  to  the  Pelican 
a  perfect  wreck.    This  was  on  the  thirteenth 


148 


LIFE   OP   JACOB   EARKEE. 


of  August,  lSlo.  Lieutenant  Allen  was  taken 
to  Ashburton,  England,  where  he  was  detained 
eighteen  months  a  prisoner  of  war.  In  1817, 
he  was  promoted  to  a  first  lieutenancy,  and 
served  on  frigates  United  States,  Independence, 
Columbus,  and  Congress.  He  sailed  as  first 
lieutenant  of  the  latter  in  1819  to  the  China 
seas.  She  returned  in  1821,  and  he  was  ap- 
pointed to  the  command  of  the  Alligator,  in 
1822.  Sailed  from  New  York  on  the  3d  of 
August  of  that  year,  on  a  cruise  against  the 
pirates,  in  which  he  plucked  a  wreath  of  glory, 
but  the  shaft  cf  death  was  in  it. 

"  On  his  arrival  at  Havana,  he  was  informed 
that  a  gang  of  pirates,  having  in  possession 
some  merchant  vessels,  bad  stationed  them- 
selves in  the  bay  of  Le  Juapo,  in  the  neigh- 
borhood of  Matanzas  ;  without  coming  to  an 
anchor,  he  immediately  proceeded  in  search  of 
them.  He  approached  the  place,  saw  the  pi- 
rate vessels,  three  in  number,  well  armed  and 
supplied,  and  manned  with  a  hundred  or  more 
of  these  desperadoes,  with  the  bloody  flag 
waving  aloft  and  nailed  to  the  mast.  In  pos- 
session m  these  outlaws  were  five  merchant- 
men and  several  American  citizens ;  this  pro- 
perty and  these  citizens  the  gallant  Allen 
determined  to  rescue.  The  Alligator,  in  conse- 
quence of  the  shoalness  of  the  water,  could 
not  approach  them  ;  he  ordered  the  boats  to  be 
manned  with  about  thirty  of  his  crew ;  put 
himself  in  the  van  and  led  the  attack  and 
boarded  them.  The  outlaws  resisted,  but  were 
driven  from  their  flag  vessel,  of  which  he  took 
possession.  They  fled  to  the  other  vessels,  he 
pursued  them  amidst  a  shower  of  musketry;  a 
musket  ball  struck  him  in  the  head,  still  he 
pressed  forward,  cheering  his  men,  and  when 
about  to  board  them,  another  pierced  his 
breast;  this  was  mortal;  still  he  cheered  his 
gallant  little  crew  as  they  lifted  him  on  board 
of  the  prize  schooner,  and  laid  him  on  the  deck 
he  had  so  dearly  won,  and  he  died  of  his 
wounds  about  three  hours  after.  He  called  his 
officers  about  him,  gave  directions  respecting 
the  prizes,  for  the  merchant  vessels  had  been 
rescued;  conversed  freely  and  cheerfully;  hoped 
that  his  friends  and  his  country  would  be  satis- 
fied that  he  had  fought  well.  He  said  he  died 
in  peace  with  the  world  and  looked  for  his  re- 
ward in  the  next.  Although  his  pain,  from 
the  nature  of  his  wounds,  was  excruciating, 
yet  he  did  not  complain,  but  died  like  a  martyr, 
without  a  sigh  or  a  groan,  and  the  spirit  of  a 
braver  man  never  entered  the  unseen  world. 
The  body  of  the  martyred  Allen  was  conveyed 
to  Matanzas,  in  Cuba,  where  it  was  interred 
on  the  11th  November,  1822,  with  the  honors 
due  to  his  distinguished  merit. 

"Soon  after  the  reception  of  this  sad  intelli- 
gence at  Hudson,  which  cast  a  gloom  over  the 
city,  the  citizens  of  Hudson  assembled  at  the 
city  hall,  and  it  was  a  more  numerous  meeting 
than  had  ever  been  witnessed  in  that  city. 
This  was  on  the  fifth  of  December,  1822,  and 


on  motion  of  Elisha  Williams,  the  honorable 
Alexander  Coffin  was  called  to  the  chair;  and 
on  motion  of  Ambrose  L.  Jordan,  esq.,  Dr. 
Samuel  White  was  appointed  secretary.  The 
Reverend  B.  F.  Stanton  opened  the  meeting 
with  an  appropriate  and  impressive  prayer. 
The  Hon.  James  Strong  then  pronounced  a 
splendid  eulogy  on  the  character  of  the  late 
gallant  Lieutenant  William  Howard  Allen. 

"The  common  council  of  the  city  of  Hud- 
son requested  of  the  Navy  Department  to  have 
the  remains  of  Lieutenant  Allen  brought  from 
Matanzas  to  New  York  in  a  public  vessel. 
This  request  was  promptly  acceded  to  by  the 
Secretary  of  the  Navy,  and  on  the  fifteenth  of 
December,  1827,  the  schooner  Grampus  ar- 
rived at  New  York,  having  on  board  the 
remains  of  the  lamented  hero.  On  the  recep- 
tion of  this  intelligence,  the  common  council 
of  the  city  of  Hudson  deputed  Mr.  Reed,  for- 
mer mayor  of  this  city,  and  Mr.  Edmonds,  the 
recorder,  to  receive  and  bring  them  to  his 
native  city.  On  the  Wednesday  following, 
they  were  removed  from  the  navy-yard  at 
Brooklyn,  under  the  escort  of  the  marine  corps 
of  that  station,  and  accompanied  by  Commo- 
dore Chauncey  and  a  numerous  body  of  naval 
officers.  The  colors  at  the  yard,  and  at  New 
York,  were  at  half-mast,  and  the  procession 
landed  at  New  York  amid  the  firing  of  a  salute 
from  the  Grampus,  which  had  been  moored  in 
the  stream  for  that  purpose.  At  New  York 
the  procession  was  joined  by  the  common  coun- 
cil of  that  city,  and  an  immense  concourse 
of  citizens  and  officers,  and  moved  across  the 
city  to  the  steamboat  which  carried  them  to 
Hudson.  There  a  salute  was  fired  by  a  detach- 
ment of  artillery,  and  by  the  marine  corps,  and 
the  remains  were  delivered  by  Commodore 
Chauncey  to  the  Hudson  deputation.  His  re- 
mains were  accompanied  to  Hudson  by  the 
following  officers  of  the  navy :  Lieutenants 
Francis  H.  Gregory,  George  N.  Hollins,  Wil- 
liam D.  Newman,  John  R.  Coxe,  John  Swart- 
wout  and  Alexander  M.  Mull ;  sailing  master 
Bloodgood;  and  midshipmen  Lynch,  Nichols, 
Schermerhorn,  Lawrence,  and  Pinckney,  and 
arrived  early  on  Thursday  morning.  They 
were  welcomed  by  a  national  salute,  and  were 
escorted  to  the  dwelling  of  Captain  Alexander 
Coffin,  the  patriotic  kinsman  of  the  lamented 
hero,  by  a  detachment  of  military  and  a 
numerous  escort  of  citizens,  which  moved  in 
the  following  order: 

"  Hudson  City  Guards. 
"Columbia  Plaids. 
"Athens  Lafayette  Guards. 
"And  the  military  under  the  command  of  Col. 
William  A.  Dean,  with  standards  furled 
and  drums  muffled. 
"  The  Reverend  Clergy. 
"The  Corpse, 
"  Borne  by  Lieutenants  Gregory,  Hollins,  New- 
man, Coxe,  Swartwout  and  Mull,  and 
Midshipmen  Lynch  and  Nichols. 


FUNERAL    CEREMONIES    OF  LIEUTENANT    ALLEN. 


149 


"Mourner.-,  including  Messrs.  Bloodgood,Scher- 

merhorn,  Lawrence  and  Pinckney  of 

the  United   States  navy. 

"  Hudson  Military  Association. 

"Brigadier  General  Whiting  and  his  suite. 

"  The  Mayor  and  Recorder. 

"  Aldermen. 

u  Assistant  Aldermen. 

"  Clerk  and  Marshall  of  the  city. 

"Clerk  and  Sheriff  of  the  county. 

"Committee  of  Arrangements. 

"  Followed  by  a  larger  and  more  respectable 
procession  of  citizens  than  had,  for  many  years, 
been  witnessed  in  that  city.  While  the  proces- 
sion moved,  the  bells  of  the  city  were  tolled, 
and  minute  guns  were  fired  from  parade  hill. 
On  its  arrival  at  the  grave  yard,  the  body  was 
conveyed  in  front  of  the  line  of  the  military 
resting  on  arms  reversed,  and  was  committed 
to  the  earth,  near  the  grave  of  Lieutenaut 
Allen's  mother.  The  funeral  service  was  read 
by  the  Rev.  Mr.  Stebbins,  and  a  volley  fired 
over  the  grave  by  the  military.  The  proces- 
sion then  returned  to  the  United  States  hotel, 
where  it  was  dismissed. 

"  At  three  o'clock,  p.  m.,  the  naval  officers 
sat  down  to  a  public  dinner,  given  them  by  the 
citizens,  at  which  about  one  hundred  of  the 
most  respectable  citizens  were  present. 

"The  evening  was  spent  at  the  hospitable 
mansion  of  Col.  Livingston.  On  Friday,  the 
officers  paid  their  respects  to  the  mayor,  and 
departed  amid  the  roar  of  cannon,  with  the 
heartfelt  gratitude  of  the  whole  city  for  their 
generous  attention  on  this  occasion. 

"  The  following  correspondence  passed  be- 
tween the  officers  of  the  navy  and  the  commit- 
tee i 

"'Hudson*,  December  21,  1827. 

u  'The  officers  of  the  navy  assembled  on  the 
present  melancholy  occasion,  reciprocating  the 
sentiments  expressed  by  the  citizens  of  Hudson, 
return  their  thanks  for  the  unparalleled  tri- 
bute paid  to  the  memory  of  their  late  gallant 
associate.  They  at  the  same  time  return  their 
acknowledgments  for  the  liberal  hospitality 
which  has  characterized  the  whole  proceeding ; 
and,  in  departing,  beg  leave  to  say,  that  whether 
applied  to  the  individual  or  professional  stand- 
ing of  their  departed  member,  the  conduct  of 
the  citizens  is  alike  honorable  to  their  feelings 
and  principles  as  men  and  patriots.  Laboring 
under  emotions  too  powerful  to  be  conveyed  in 
adequate  language,  they  tender  the  committee 
a  grateful  and  affectionate  farewell.' 

"'Hudson*,  December  21,  1827. 
"'The  committee  of  the  citizens  of  Hudson, 
in  acknowledging  the  favor  of  the  officers  of 
the  navy,  assembled  on  this  occasion  of  pay- 
ing the  last  honors  to  the  memory  of  the 
lamented  Allen,  gladly  avail  themselves  of 
this  opportunity  to  assure  those  gentlemen  of 
the  high  sense  entertained  by  this  whole  com- 
munity of  the  obligation  conferred  upon  them, 


by  the  attendance  of  individuals  deservedly 
distinguished  for  their  public  and  private  worth; 
as  the  committee  cannot  entertain  a  doubt  that 
the  lives  of  those  officers  of  the  navy  will  be 
as  honorable,  so  they  cannot  help  but  hope 
that  their  deaths  will  be  as  glorious,  and  their 
memories  as  much  respected,  as  those  of  the 
gallant  and  unfortunate  William  Howard  Allen. 
'"By  order  of  the  committee. 

'•'DAVID  WEST,  Chairman. 
"'William  A.  Dean*,  Secrelar>/.," 

The  citizens  of  Hudson,  who  have  always 
been  distinguished  for  their  liberality  and 
patriotism,  erected  in  1833  a  splendid  monu- 
ment to  his  memory. 

Thus  ended  the  career  of  one  whose  merits 
as  a  citizen,  son,  brother,  friend  and  officer, 
have  never  been  excelled  and  rarely  equalled. 

Before  the  trial  of  the  indictment,  he  sailed 
in  command  of  the  United  States  vessel  of  war 
Alligator,  in  pursuit  of  the  pirates,  who  then 
infected  the  West  Indies,  and  was  killed  in 
1822  by  a  shot  from  a  piratical  boat  when  pur- 
suing them  at  the  head  of  his  boats'  crew, 
inside  a  reef  on  which  there  was  not  sufficient 
water  for  the  Alligator  to  pass. 

The  following  lines,  from  the  pen  of  Hailcck, 

commemorate  his  lamented  fate  : 

"  He  hath  been  mourned  as  brave  men  mourn 

the  brave, 
And  wept  as  nations  weep  their  cherished  dead, 
With  bitter,  but  proud  tears,  and  o'er  bis  head 
The  eternal  flowers  whose  root  is  in  the  grave, 
The  flowers  of  fame,  are  beautiful  and  green  ; 
And  by  his  grave's  side  pilgrim  feet  have  been, 
And  blessings,  pure  as  men  to  martyrs  give, 
Have  there  been  breathed  by  those  who  died  to 

save. 
— Pride  of  his  country's  banded  chivalry, 
His  fame  their  hope,  his  name  their  battle  cry  ; 
He  lived  as  mothers  wish  their  sons  to  live, 
I  He  died  as  fathers  wish  their  sons  to  die. 

If  on  the  grief-worn  cheek  the  hues  of  bliss, 
'  Which  fade  when  all  we  love  is  in  the  tomb, 
!  Could  ever  know  on  earth  a  second  bloom, 
!  The  memory  of  a  gallant  death  like  his 
i  Would  call  them  into  being — but  the  few, 
Who  as  their  friend,  their  brother,  or  their  son, 
His  kind,  warm  heart  and  gentle  spirit  knew, 
Had  long  lived,  hoped,  and  feared  for  him  alone  ; 
His  voice  their  morning  music,  and  his  eye 
The  only  starlight  of  their  evening  sky, 
Till  even  the  sun  of  happiness  seemed  dim, 
And  life's  best  joys  were  sorrows  but  witli  him  ; 
And  when — the  burning  bullet  in  his  breast, 
He  dropped,  like  summer  fruit  from  off  the  bough, 
There   was  one  heart  that  knew  and  loved   him 

best — 
It  was  a  mother's — and  is  broken  new.'' 

The  hostility  to  Mr.  Barker's  onward  course 

was  continued,  he  being  always  ready  to  meet 

his  opponents  in  any  field  they  might  select  for 


150 


LIFE   OP   JACOB   BARKER. 


battle.  Continuing  to  operate  largely  in  Wall 
street  until  the  failure  of  the  Life  and  Fire  In- 
surance Company,  and  many  other  incorpora- 
tions, in  1826;  when  Hugh  Maxwell,  the  dis- 
trict attorney,  endeavored  to  get  him  included 
with  the  managers  of  these  companies  in  an 
indictment,  against  whom  the  grand  jury  found 
bills ;  he  was  not  successful ;  they  refused  to 
include  Mr.  Barker  therein. 

The  district  attorney  refused  to  bring  the 
persons  indicted  to  a  trial  until  another  grand 
jury  was  formed,  in  the  hope  that  they  could 
be  induced  to  include  Mr.  Barker ;  in  this  he 
was  successful,  they  did  so. 

The  trial  came  on,  Mr.  Barker  relying  on  the 
integrity  of  his  cause  and  his  own  capacity  to 
establish  his  freedom  from  offence,  declined  the 
aid  of  his  professional  friends,  conducting  the 
defence  himself,  until  near  the  close  of  the  first 
trial. 

The  testimony  of  the  prosecution  closed  a 
day  sooner  than  was  anticipated,  when  the 
court  called  on  the  counsel  to  commence  their 
defence  ;  it  was  two  o'clock,  they  asked  until 
next  morning  to  look  over  their  notes,  consult 
with  each  other,  and  arrange  the  order  in  which 
they  would  speak  ;  the  court  refused,  saying 
they  must  commence  at  four  o'clock,  when 
Thomas  J.  Oakley,  esq.,  counsel  for  Mark  Spen- 
cer, said  "  perhaps  Mr.  Barker  will  be  willing  to 
make  his  defence  this  afternoon  ?"  Mr.  Barker 
replied,  "  certainly,"  "  yes,"  said  Mr.  Emmet, 
who  was  counsel  for  Mr.  Eckford,  "if  they  were 
all  to  be  hanged,  Mr.  Barker  would  say  hang 
me  first ;"  the  court  adjourned,  and  met  again 
at  four  o'clock,  when  Mr.  Barker  spoke  thus  : 

"Gentlemen  of  the  Jury :  The  importance  of 
this  subject  makes  some  apology  necessary  from 
me  before  I  take  up  your  time  in  showing  you 
how  to  attain  a  right  understanding  of  its  vari- 
ous details.  What  is  it  for  which  I  come  here? 
Do  I  not  come  to  advocate  the  cause  of  the 
father;  the  cause  of  you,  gentleman  of  the  jury, 
of  your  wives  and  children,  of  this  honourable 
court  and  their  children;  the  cause  of  the 
mother  and  the  cause  of  a  family  heretofore 
happy  and  prosperous  ?  But  not  for  these  pur- 
poses alone  appear  I  before  you.  I  advocate 
the  cause  of  public  justice,  no  less  than  the 
most  powerful  affections  of  human  life.  The 
sorrow  this  trial  inflicts  upon  many  innocent 
persons  is  of  the  deepest  kind.  It  is  from  you, 
gentlemen,  that  I  confidently  expect  and  hope 
for  aid  to  wipe  away  those  stains.  But  the 
number  that  will  read  an  account  of  the  re- 
deeming qualities  of  this  trial  are  few  in  com- 


parison with  those  who  have  listened  to  the 
slanders  or  believed  the  calumnies.  For  my- 
self, I  am  willing  to  receive  all  the  consequences 
for  the  privilege  of  putting  before  the  world 
proof  of  my  innocence,  but  I  feel  for  others. 

"The  subject  of  finance  is  one  of  great  mag- 
nitude and  mystery  ;  few  understand  it.  I  flat- 
ter myself  that  I  have  some  experience  on  the 
subject,  and  it  is  on  that  account  I  am  un- 
willing to  trust  to  counsel.  I  am  well  aware 
that  I  am  surrounded  by  great  talents,  greater 
than  I  have  any  pretensions  to.  To  the  whole 
bar  I  owe  an  apology  for  appearing  here  in  my 
own  person,  to  do  for  myself  what  all  the  world 
have  told  me  they  could  do  so  much  better  for 
me — they  will  excuse  me,  for  they  know  I  do 
not  intend  any  disrespect  for  them.  They 
know  the  high  estimation  in  which  I  hold  their 
learning,  their  logic,  their  eloquence,  and  their 
justice;  and  that  venerable  patriot,  the  pride 
and  glory  of  two  nations,  knows  how  I  love  him, 
and  how  the  story  of  his  love  of  liberty  warmed 
and  swelled  my  bosom  in  boyhood,  how  I  greeted 
him  welcome  when,  flying  from  prejudice  and 
persecution,  he  first  landed  on  this  sacred  spot, 
and  how  constant  I  have  been  in  my  attachment 
to  him  ever  since.  With  all  this  I  have  no 
fears  of  kindling  unkind  feelings  with  those  who 
love  the  law,  and  whose  practice  is  to  make 
manifest  the  excellence  of  that  which  merits 
their  love. 

"  I  come  here  under  many  disadvantages. 
The  odds  are  fearfully  against  me.  I  said  that 
this  business  was  very  difficult  to  understand, 
and  had  many  conflicting  interests.  I  dare 
not  trust  that  I  can  separate  them  with  sufficient 
clearness,  but  I  will  try ;  and,  gentlemen,  I 
rely  on  your  intelligence  to  separate  these  con- 
flicting interests.  The  past  has  been  a  great 
season  of  excitement  among  the  dealers  in 
stock,  bonds,  bank  notes,  &c.  In  all  these 
difficulties  I  have  more  or  less  mixed — in  the 
financial  concerns  of  this  city  I  generally  have 
had  a  hand.  It  has  been  made  manifest  after 
fourteen  days'  investigation  before  you,  in  which 
I  have  stood  here  before  my  accusers,  boldly 
bidding  them  to  tell  all  they  knew,  that  not  a 
hem  of  my  garment  has  been  toiiched.  I  com- 
plain that  I  do  not  come  here  upon  equal  terms 
with  any  other  man.  Public  prejudice  has 
been  excited  against  me.  The  newpapers  long 
since  called  upon  the  grand  jury  to  indict 
Jacob  Barker — his  door  has  been  chalked — he 
has  been  called  a  rogue — every  species  of  re- 
proach has  been  heaped  upon  him.  During 
that  time  Jacob  Barker  pursued  the  even  tenor 
of  his  way.  Witness  after  witness  had  been 
examined,  and  that  grand  jury  was  dismissed 
without  finding  a  bill  of  indictment  against  me. 
Hand-bills  continued  to  be  published — poem3 
have  been  written — and  all  against  Jacob  Bar- 
ker, stating  that  all  was  not  unravelled.  It  was 
published  that  this  and  that  institution  had 
failed,  the  funds  of  which  had  all  disppeared ; 
all  this  had  been  laid  at  my  door,  and  a  second 


DEFENCE   ON    THE   TRIAL   FOR  FRAUD. 


151 


grand  jury  indicted  me.  The  moment  I  heard 
of  the  indictment,  I  was  ready  and  anxious  for 
trial.  I  wanted  no  books  ;  no  preparation ;  I 
was  willing  to  submit  the  cause,  after  all  that 
could  be  brought  up,  to  a  candid  jury,  but  was 
pressed  on  all  sides  not  to  go  to  trial.  My  friends 
told  me  that  I  could  not  get  an  impartial  one. 
I  was  sorry  to  hear  this,  and  I  did  not  believe 
it.  I  knew  it  was  the  court  and  jury  that  had 
to  try  me,  and  I  considered  it  impossible  but 
that  I  should  have  a  fair  trial,  and  therefore 
demanded  it  forthwith.  You  have  heard  it 
said  in  this  court,  that  an  acquittal  by  you 
would  do  Jacob  Barker  no  good.  I  know  bet- 
ter, and  I  will  convince  you  by  the  zeal,  the 
ardour,  the  pertinacity  with  which  I  shall  plead 
before  you,  that  I  place  a  high  value  on  what 
the  district  attorney  has  dared  to  say  would  do 
me  no  good  from  such  men  as  you.  I  knew 
your  verdict  would  be  valuable,  and  I  asked  it 
as  such. 

"  Gentlemen,  I  come  here  armed  with  justice, 
and  confident  in  the  wisdom  and  integrity  of  my 
conduct,  I  come  here  to  clear  myself  from  the 
imputations  that  have  so  falsely  been  made 
against  me.  I  have  brought  with  me  these 
four  boys.  (Here  he  pointed  to  four  promising 
young  men,  a  part  of  those  twelve  children  to 
whom  he  alluded  when  speaking  of  the  u  beard- 
less boy"  who  had  been  sent  by  the  conspirators 
on  his  oath  to  insult  their  father.)  I  have 
brought  them  here  that  they  may  learn  a  useful 
lesson — that  they  may  see  the  excellence  of  the 
motto  I  have  from  their  infancy  endeavored  to 
impress  on  their  young  minds.  'Be  just  and 
fear  not' — that  they  may  feel,  in  listening  to 
my  vindication,  the  force  of  truth  and  justice 
over  calumny  and  fraud — and  that  they  may 
know  that  they  have  not  had,  and  will  never 
have  cause  to  blush  hereafter  when  they  speak 
of  their  father's  memory,  or  hear  their  father's 
name.  To  do  myself  justice  is  a  great  object, 
to  do  my  children  justice,  a  greater. 

u  In  his  opening  speech  the  district  attorney 
promised  me  a  fair  trial.  The  idea  of  such  a 
promise — of  being  promised  a  fair  trial  shocked 
nieto  the  quick.  What,  is  the  trial  to  be  given  by 
the  district  attorney  ?  is  its  impartility  or  fair- 
ness left  to  him  ?  No,  gentlemen,  it  is  not  so. 
It  is  the  judge  on  that  bench,  and  the  jury  on 
these  chairs,  and  not  the  district  attorney,  that 
can  give  me  a  fair  trial.  I  am  to  be  adjudged 
by  you  on  the  evidence  that  is  produced  and 
will  be  produced.  But  how  dare  the  district 
attorney  name  such  a  thing  to  a  free  citizen  ? 
Let  your  verdict,  whether  of  guilt  or  innocence, 
be  delivered  on  the  evidence  under  your  oaths, 
and  who  shall  gainsay  it? 

u  Gentlemen,  I  was  very  unexpectedly  called 
upon  by  counsel  for  the  other  defendants,  after 
I  came  into  court  this  morning,  to  make  an 
opening,  which  was  the  first  intimation  that  it 
was  their  intention  for  me  to  lead  the  van,  and 
as  I  always  keep  my  powder  dry,  I  make  no 
complaint  about  being  surprised  into  premature 


battle.  I  live  in  the  country,  or  I  should  have 
heard  the  alarm  gun  last  evening,  and  made  a 
little  preparation  ;  not  having  done  so,  I  hope 
my  deficiencies  will  be  forgiven.  So  far  as  the 
trial  has  proceeded  I  have  reason,  thank  God, 
to  be  satisfied.  I  have  no  brief,  and  have  taken 
no  notes. 

"  The  different  classes  of  witnesses  are  very 
numerous,  and  their  testimony  is  mixed  up  in 
such  a  manner  as  will  make  it  very  diificult  to 
be  understood.  There  are  the  broker  and 
usurer — there  are  the  debtors  to  the  company, 
and  those  who  have  failed  to  acquire  fame  in 
the  management  of  the  business  of  finance,  all 
warring  with  each  other,  and  at  the  same  time 
warring  against  me,  and  combining  together 
for  my  destruction ;  the  idea  is  shocking  to 
them,  that  amid  the  disasters,  the  wide-spread 
ruin  which  has  desolated  so  many  of  our  monied 
institutions,  the  affairs  of  the  companies  which 
have,  in  a  considerable  degree,  been  intrusted 
to  my  management,  should  have  been  so  ably, 
so  prudently,  and  so  successfully  managed,  as 
to  be  preserved  not  only  whole  and  sound,  but 
their  dividends  not  curtailed.  The  debtors  of 
the  Life  and  Fire  Insurance  Company,  whose 
want  of  punctuality  has  been  the  sole  cause  of 
the  failure,  now  wish  to  take  advantage  of  the 
ruin  their  own  bad  faith  has  occasioned,  and  to 
purchase  up  the  bonds  for  a  mere  song,  and  pay 
them  back  to  the  company  at  par ;  and  to  effect 
this  they  cry  '  fraud,'  '  fraud,'  against  me,  in 
the  hope  of  invalidating  the  transfer  of  the  se- 
curities to  me.  The  bond  holders  are  mortified 
that  I  should  have  got  my  pay  when  they  did 
not,  and  therefor  unite  in  the  cry  of  '  fraud, 
fraud,'  in  the  hope  of  getting  an  equal  dis- 
tribution of  the  assets  of  the  company  ;  for- 
getting that  they  got  30,  40,  and  50  per  cent, 
per  annum  for  their  money,  and  that  mine  was 
lent  without  interest,  commission,  discount,  or 
usury,  unaccompanied  by  any  circumstance  to 
cloud  or  mar  the  purity  of  the  transaction. 

"  The  stockholders  unite  in  the  cry  of  '  fraud' 
against  all  parties,  in  the  hope  of  dividing  all 
the  effects  of  the  company,  and  defrauding  all 
the  creditors  of  a  participation  therein,  although 
the  present  effects  of  the  company  are  almost 
exclusively  the  offspring,  the  fruits,  the  avails, 
of  the  bonds  out,  or  the  bonds  for  which  those 
out  were  given  in  renewal.  This,  gentlemen 
of  the  jury,  is  the  first  time  it  has  been  pre- 
tended that  partners  in  trade — and  stock- 
holders in  an  incorporation  cannot  be  consi- 
dered in  any  other  light — it  is,  I  say,  the  first 
time  that  partners  in  trade  have  avowed  an 
intention  to  divide  all  the  effects  of  the  part- 
nership among  themselves,  without  paying  a 
single  debt  of  the  firm — the  records  of  the 
courts  of  all  the  world  do  not  furnish  a  single 
instance  of  such  an  enormity;  and  yet  1  am 
now  on  my  trial  for  a  fraud  against  these 
virtuous  stockholders,  for  the  single  reason 
that  I  am  now  an  obstacle  to  the  consumma- 
tion of   their  iniquitous  schemes.      A  great 


152 


LIFE   OF   JACOB   BARKER. 


portion  of  the  securities  I  received  came  to  my 
hands  before  I  lent  the  money — why  should 
this  prejudice  them  against  me?  Industry, 
prudence,  and  talent,  will  succeed  in  any  busi- 
ness— and  after  lending  so  much  money  to 
save  the  company  from  suspending  its  pay- 
ments, and  thereby  protecting  the  stockholder 
and  bondholder  from  loss,  they  arm  against 
me  because  I  could  not  advance  more  money 
for  their  exclusive  benefit.  With  another  diffi- 
culty I  have  to  contend.  Ancient  prejudices 
are  revived  and  brought  here,  and  combined 
with  the  recent  occurrences,  for  the  purpose  of 
destroying  me — prejudices,  growing  out  of 
misfortunes,  occasioned  by  circumstances  over 
which  I  had  no  control — misfortunes  I  have 
been  struggling  to  surmount,  as  I  would  for 
the  preservation  of  the  apple  of  my  eye;  and  I 
hope  to  satisfy  all  of  the  purity  of  my  inten- 
tions. I  admit  the  very  great  prejudice  against 
me  by  the  monied  aristocracy  of  Wall  street, 
and  that  it  is  widely  branched  out,  insomuch 
that  the  very  air  of  this  hall  has  been  filled 
■with  accusations  of  guilt  against  me.  But 
this  is  a  day  of  revolutions-,  and  I  publicly 
pledged  myself,  at  the  commencement  of  this 
trial,  to  make  a  most  thorough  and  perfect 
revolution  in  the  public  opinion  in  relation  to 
Jacob  Barker's  guilt,  and  I  think  I  have  done 
so.  I  love  the  world,  and  if  I  could  make  the 
world  love  me,  I  should  be  happy.  With  the 
mechanic,  the  cartman,  the  laborer,  the  men 
who  live  by  the  sweat  of  their  brow,  and,  con- 
sequently, who  think  honestly  on  all  subjects — 
with  this  most  meritorious  portion  of  our  citi- 
zens, no  such  general  prejudice  exists  against 
Jacob  Barker.  With  these,  it  is  the  pride  and 
delight  of  his  heart  to  stand  well;  and  of  their 
friendship  and  confidence,  I  assert,  without  the 
fear  of  contradiction,  no  individual  possesses  a 
larger  share. 

"  Gentlemen,  it  has  been  asked  over  and  over 
again,  why  ha3  Jacob  Barker  been  indicted  ? 
In  vain  have  I  listened  and  looked  for  a  justifi- 
able cause.  I  give  you  my  honor  that  I  am 
yet  ignorant,  and  therefore  am  obliged  to  fight 
in  the  dark.  Imagine  for  what  it  is  that  you 
are  to  be  required  to  convict  me — you  have 
heard  the  district  attorney  more  than  once  tell 
me  he  would  let  me  know,  when  he  comes  to 
sum  up  the  case.  Observe,  gentlemen,  when 
he  comes  to  sum  up:  then  I  shall  be  bound 
hand  and  foot,  muffled  and  gagged  ;  then  the 
rules  of  the  court  will  not  permit  me  to  call  a 
single  witness,  or  to  say  a  single  word  in  ex- 
planation or  vindication  of  what  he  may  then  be 
graciously  pleased  to  say  to  my  prejudice.  It 
is  then,  and  not  till  then,  that  I  am  to  know  for 
what  I  am  now  on  my  trial.  I  have  said  that 
I  did  not  know  for  what  reason  this  bill  of  in- 
dictment had  been  procured  against  me.  There 
are  two  circumstances  that  may  have  led  to  it, 
which  I  will  relate  to  you.  First,  when  Mr. 
Boyd  told  me  of  a  project  he  had  for  harmon- 
izing the  then  existing  disputes  between  the 


inns  and  the  outs  of  the  Tradesmen's   Bank, 
which  was  to  leave  in  the  pockets  of  the  incau- 
tious sellers  $84,000   profit,  to  have  the  bank 
returned   to  them,  and  for  the  'great  unknown' 
quietly  to  resign  the  bank  losing  his  $84,000, 
for  having  dared  to  do   what  every  man  in  the 
community  considers  himself  at  liberty  to  do, 
viz:  purchase  bank  stock — when  Mr.  Boyd  men- 
tioned this  splendid  money  making  scheme  to 
me,  I  exclaimed,  '  preposterous  I    nonsense!    if 
it  was  my  case,  I  would  make  you  disgorge 
your  ill-gotten  gains.'     For  this  high  offence, 
the  high  offence  of  expressing  a  sound  opinion 
of,  and  honest  indiguation  at  such  a  proposi- 
tion, the  parties,  or  some  of  them,  which  I  know 
not,  have  been   filling  the  ears  of  the  district 
attorney  with  suspicions  of  me.     The  other  cir- 
cumstance  was   that  before   my  indictment  I 
heard  everywhere  that  the  district  attorney  was 
proclaiming  with  apparent  exultation,  that  the 
gentlemen  then  indicted   would  all,  to  a  cer- 
tainty, be  convicted,  and  that  he  held  in  his 
pocket  abundant  evidence  of  their  guilt.     This 
being  repeated  in  my  presence,  at  the  funeral  of 
J  udge  Van  Ness,  and  my  friend  Mr.  Eckford  being 
one  of  the  persons  indicted,  although  I  was  not, 
myself,  at  that  time,  so  unfortunate,  I  could  not 
contain  my  indignation  ;  and  I  did  say  that  the 
district  attorney  was  wrong;  that  the  oath  of 
his  office  imposed  on  him  the  same  obligation 
to  protect  the  innocent  that  it  did  to  pu.iish  the 
guilty ;  and  that  if  such  a  man  as  Henry  Eck- 
ford, after  a  long  life  of  private  virtue  and  pub- 
lic usefulness,  should   have  been,  either  by  a 
combination  of  circumstances,  a  mistaken  confi- 
dence in  those  abouthim,ora  momentary  relaxa- 
tion of  those  rigid  principles  of  morality  which 
had  hitherto  regulated  his  every  action,  betray- 
ed into  error,  it  should  fill  the  district  attorney 
with  grief  and  horror  ;  and  that  he  should  go 
on  to  discharge   the  duties  of  his  office  with 
melancholy  regret,  and  not  go  about  the  streets 
prejudging  the  case,  and  prejudicing  the  public 
mind  ;  (adding  to  Mr.  Price,  who  was  present,) 
I  wish  you  would  say  these  things  to  the  district 
attorney,  and  tell  him  also  that  he  has  fallen, 
very  much  fallen,   in  my  estimation.     Now  it 
may  have  been  better  that  I  had  listened  in 
silence,  and  denied  utterance  to  those  offend- 
ing words,  and  performed  the  difficult  task  of 
restraining  my  tongue  from  pursuing  its  accus- 
tomed frank  and  fearless  course. 

"  Gentlemen  of  the  jury,  nothing  can  be  more 
obvious  than  that  all  these  proceedings  are  a 
crusade  against  Jacob  Barker,  who  has  done 
no  wrong.  The  district  attorney  spread  and 
drew  his  net  again  and  again  without  catching 
him.  Others  were  indicted  by  the  dozen — those 
who  had  failed  to  protect  the  interests  of  the 
stockholder  and  creditor  of  the  companies  in- 
trusted toj  their  management  were  indicted  ; 
and  although  this  happened  days,  weeks,  and 
almost  months  before  he  got  me  in  the  boat,  yet 
he  never  thought  to  bring  one  of  the  individu- 
als thus  indicted  to  trial.   At  length  he  induced  a 


DEFENCE   ON    THE   TRIAL   FOR   FRAUD. 


153 


too  willing  grand  jury  to  gratify  his  wishes,  by  j 
enrolling  Jacob  Barker  among  the  number  who 
were  to  come  here  and  meet  their  accusers,  j 
Please  take  notice,  gentlemen,  that  Jacob  Bar-  j 
ker  had  preserved  from  the  calamities  of  the  ! 
times  all  the  institutions  which  he  had  any 
part  in  conducting.  No  delay,  no  excuse,  no 
plea  is  urged  for  postponing  the  trial ;  every 
other  indictment  is  forgotten  and  left  slumber- 
ing on  the  dusty  shelves  of  the  district  attorney. 
This  last  of  all  is  first  called  up,  and  for  what? 
For  fear  lest  the  hideous  monster,  prejudice, 
which  has  been  thus  artificially  got  up  in  Wall 
street,  and  about  this  house,  should  give  way  to 
calm  reflection,  to  reason,  and  to  a  becoming 
sense  of  propriety.  But,  gentlemen  of  the  jury, 
I  do  not  complain  ;  I  have,  from  the  hour  of 
indictment,  been  impatient  for  a  trial ;  and,  in 
truth  I  may  say,  the  week  which  elapsed  pre- 
vious to  its  commencement  has  been  the  most 
impatient  in  my  life. 

"  [Mr.  Barker  having,  when  he  first  rose  to 
address  the  jury,  borrowed  of  the  clerk  the  bill 
of  indictment,  and  on  the  margin  made  a  few 
pencil  memorandums  to  use  in  lieu  of  notes, 
proceeded  to  comment  on  the  allegations  there- 
in, in  the  order  in  which  they  stood.]  With  the 
Mechanics'  Fire  Insurance  Company  (he  said) 
I  never  had  a  single  transaction,  nor  did  I  ever 
own  a  share  of  stock  in  that  company;  and  if 
the  district  attorney  will  ask  its  president  and 
directors,  they  will  one  and  all  say  on  their 
oaths,  that  Jacob  Barker  has  not,  directly  or 
indirectly,  defrauded  that  company.  With  the 
Tradesmen's  Bank,  he  has  not  had  any  deal- 
ings, and  he  never  owned  a  single  share  in  it 
during  the  whole  course  of  his  life.  Eight 
hundred  shares  of  its  stock  were  transferred  to 
Seth  Sturtevant,  a  clerk  in  the  Western  Insur- 
ance Company,  for  the  use  of  that  company,  by 
William  P.  Rathbone.  Three  hundred  shares 
were  transferred  back  in  a  day  or  two  ;  Mr. 
Rathbone  wanted  the  whole,  and  it  not  being 
convenient  at  the  moment  to  transfer  them,  I, 
being  the  active  officer  of  the  Western  Com- 
pany, gave  a  memorandum  to  Mr.  Rathbone, 
promising  to  deliver  to  S.  L.  Governeur,  esq., 
five  hundred  shares  of  bank  stock.  Observe, 
'promised  to  deliver;'  not  borrowed,  not  re- 
ceived, not  to  return,  as  has  been  proclaimed  to 
you  iu  triumph,  but  simply  to  'deliver,1  and 
this  promise  was  immediately  thereafter  openly 
and  publicly  complied  with  ;  to  do  which,  I 
drove  to  the  Tradesmen's  Bank  at  noon-day,  in 
my  own  carriage,  amid  the  surrounding  multi- 
tude and  publicly  proclaimed  my  readiness  to 
comply  on  the  surrender  of  my  memorandum. 
And  is  this  open  and  prudent  course  to  be 
considered  evidence  of  fraud  ;  does  it  not  rather 
indicate  everything  else?  Had  I  been  the 
'great  unknown'  purchaser — had  I  been  asecret 
conspirator — had  I  been  guilty  of  the  least  im- 
propriety, should  I  not  have  sent  a  clerk  or  a 
friend?  If  these  men  had  been  my  agents, 
my  tools,  my  creatures,  with  whom  I  had  in- 


trusted four  or  five  thousand  shares  of  stock, 
and  the  whole  bank — should  I  have  denied  to 
them  so  publicly,  and  at  so  critical  a  moment, 
the  trifling  confidence  of  delivering  five  hun- 
dred shares  of  stock,  relying  on  their  fidelity  to 
return  the  obligation  for  it.  This  single  circum- 
stance speaks,  to  my  mind,  volumes,  but  it  is 
like  my  every  other  act,  to  be  tortured  into  evi- 
dence of  guilt — is  declared  to  be  '  my  peculiar 
way  of  doing  things,'  and  to  have  been  planned 
on  purpose  to  deceive. 

"I  perceive,  by  the  course  of  the  examina- 
tion, that  a  great  flourish  is  to  be  made  by  the 
district  attorney  about  this  clerk's  not  being  of 
age.  On  this  subject,  I  can  only  sav,  that  we 
are  not  apt  to  consider  wrong  the  things  we 
have  openly  practiced  through  life.  I  traded  a 
little  when  a  boy,  and  before  I  was  of  age  was 
interested  in  four  ships  and  a  brig,  and  had  my 
note  discounted  and  continued  as  an  accom- 
modation note  at  the  United  States  Branch 
Bank.  I  have,  since  I  became  of  age,  confided 
a  great  portion  of  my  business  to  young  gentle- 
men not  21  years  old,  and  it  never  occurred  to 
me  that  such  confidence  could  be  made  the 
foundation  of  a  criminal  prosecution.  In  addi- 
tion to  this  practice,  Mr.  Catlin,  Mr.  Fleming, 
and  I  believe  every  witness  who  was  examined 
on  the  subject,  told  you,  that  it  was  the  univer- 
sal custom  to  pass  stocks  by  blank  powers,  that 
is,  without  naming  the  purchaser  or  seller ;  by 
which  means  it  could  pass  through  the  hands  of 
persons  without  number,  and  not  one  of  '.hem 
appear,  or  be  known.  However,  I  will  not  de- 
tain you  longer  about  this  custom,  but  exam- 
ine the  legal  operations  of  the  system.  Stock 
and  all  other  property  is  the  mere  creature 
of  the  law,  and  is  equally  amenable  to  that  law 
in  the  hands  of  a  minor,  as  in  the  hands  of  a 
person  of  age.  If  such  minor  has  no  interest 
in  it,  the  chancellor  can  take  it  from  him,  the 
same  as  a  court  of  law  can  take  it  from  a  per- 
son of  full  age  ;  therefore,  this  tale  about  the 
youth  of  Seth  Sturtevant  is  got  up  for  the  sole 
purpose  of  making  a  great  noise  about  nothing, 
and  producing  stage  effect. 

"In  connexion  with  the  Tradesmens'  Bank, 
there  is  another  circumstance.  Mr.  Cox,  who, 
during  the  ten  days'  reign  of  the  new  dynasty 
over  that  bank,  was  its  cashier,  was  formerly  in 
my  employ  ;  at  which  time,  1  left  a  message 
for  him  to  write  some  democratic  tickets,  for 
the  then  pending  election,  to  be  furnished  to  a 
stevedore,  also  in  my  employ,  who  could  not 
write,  and  who  had  applied  for  them.  Mr.  Cox 
declined  the  service.  I  told  him  thai  it  had  not 
anything  to  do  with  his  political  principles ; 
that  I  did  not  wish  him  to  vote  or  give  his 
name  to  anything.  He  appeared  totally  to  mis- 
take the  matter  ;  and  being  unwilling  to  part 
with  him,  I  recommended  him  to  codboU  his 
friends.  He  did  so.  He  consulted  Mr.  l.ydig 
and  others,  and  returned,  saying,  he  should  ad- 
here to  his  refusal.  The  consequence  was,  he 
left  my  employ,  and  the  Evening  Post  charged 


154 


LIFE   OF   JACOB   BARKER. 


we  with  dismissing  a  most  worthy  clerk  because 
he  would  not  vote  for  the  democratic  ticket. 
Mr.  Cox  seeing  this,  and  being  an  honest  and 
generous  man,  although  indignant  at  what  he, 
no  doubt,  supposed  to  be,  on  my  part,  oppres- 
sion, came  immediately  forward,  and  published 
to  the  world,  that  I  had  not  in  the  whole  course 
of  my  life,  said  one  word  to  him  about  voting, 
or  about  his  political  principles  ;  nor  had  I,  to 
his  knowledge  or  belief,  even  allowed  myself  to 
to  talk  on  the  subject  to  a  single  clerk  in  my 
employ.  Mr.  Cox,  as  you  may  well  conclude, 
soon  found  his  way  back  into  my  counting- 
house,  and  served  me  faithfully  for  a  long  time. 
But  in  consequence  of  my  misfortunes,  he  had 
to  seek  employment  elsewhere;  and  for  about 
seven  years  he  had  been  in  the  employment  of 
others,  until  the  recent  difficulty  at  the  Trades- 
men's Bank  ;  about  which  time  he  suddenly  fell 
sick.  I  then,  for  the  first  time  in  my  life,  vis- 
ited him,  found  him  in  a  high  fever,  surround- 
ed by  a  lovely  wife,  beautiful  children,  and  two 
not  less  lovely  sisters,  all  in  tears.  They,  with 
trembling  solicitude,  told  me  that  they  supposed 
Mr.  Cox's  apprehensions  in  relation  to  losing 
his  place,  on  the  salary  of  which  his  family  de- 
pended, contributed  greatly  to  increase  his  dis- 
order. My  reply  was,  'no  matter  if  he  does 
lose  his  place,  there  are  others  as  good  as  that. 
He  has  got  into  bad  company,  and  the  sooner 
he  clears  out  the  better.  Let  him  resign  imme- 
diately, and  when  he  gets  well,  if  he  wants 
employment,  let  him  come  back  to  me,  and  he 
shall  not  want.  He  is  an  honest  man,  and  I 
dare  employ  him  amid  the  cloud  of  suspicion 
that  for  the  moment  surrounds  him.'  These 
remarks  animated  him,  and  he  approved  of  the 
suggestion.  I  immediately  drafted  for  him  a 
letter  of  resignation,  which  was  instantly  sent 
to  Mr.  Governeur,  and  when  he  got  well  he  did 
come,  and  he  found  employment.  And  this, 
gentlemen  of  the  jury,  is  to  be  urged  upon  you 
as  evidence  of  my  guilt.  Wait,  I  beseech  you, 
wait  until  these  lovely  women  come  into  court, 
and  relate  the  tale  for  themselves.  Yes,  I  did 
more.  Mr.  Cox  has  also  been  indicted.  I  ad- 
vised him  not  to  employ  any  professional  man 
to  defend  him,  but  to  petition  the  court  to  grant 
that  favor  to  me,  urging  on  him,  that  his  whole 
duties  could,  in  the  language  of  General  Gaines, 
be  described  in  one  word,  and  that  word  was  obe- 
dience. That  his  whole  offence  consisted  in  hav- 
ing been  obedient  to  his  superiors,  to  men  whose 
duty  it  was  to  decide  by  their  votes,  that  by  law 
he  had  no  right  to  a  voice  in  such  decisions,  but 
was  imperiously  bound  to  carry  into  full  and 
prompt  effect  the  decisions  of  the  directors. 
That  he  had  not,  according  to  the  best  of  my 
knowledge  and  belief,  done  anything  more  than 
to  be  obedient,  which,  if  I  was  allowed  to  plead 
his  cause,  I  supposed  I  could  make  as  manifest 
as  the  light  of  the  sun,  to  any  jury  on  earth.  This 
too,  I  suppose,  is  to  be  urged  as  further  evidence 
of  my  crime.  Mr.  Beers  called  on  me,  as  he  did 
on  others,  shortly  before  the  election  of  direc- 


tors for  the  Tradesmen's  Bank,  and  inquired  if 
I  knew  who  had  purchased  the  bank,  and  told 
me  that  Mr.  Cox  was  to  be  the  cashier.  I  an- 
swered that  I  had  not  the  least  interest  in  it, 
and  did  not  know  who  had,  but  that  I  supposed 
I  could  find  out.  He  wished  me  to  do  so,  and 
ascertain  for  him  the  terms  on  which  it  could 
be  purchased.  I  told  him  I  would  not  inter- 
meddle to  the  prejudice  of  Mr.  Cox,  that  he 
had  been  one  of  my  boys,  and  been  faithful, 
that  he  was  an  honest  man,  that  it  was  a  sine 
qua  non  with  me  that  he  must  be  provided  for, 
if  I  interfered,  that  I  did  not  know  anything 
about  his  views,  that  I  had  not  seen  him  for 
more  than  a  month,  and  did  not  before  know 
that  he  was  to  be  the  cashier.  Mr.  Beers  gave 
me  to  understand  that  everything  should  be 
made  satisfactory;  and  I  made  the  effort  to  find 
out  the  purchaser.  I  did  not  succeed,  and  so 
reported  the  business. 

"  The  Morris  Canal  and  Banking  Company 
is  also  named  as  one  of  the  institutions  which 
I  am  charged  with  defrauding.  This  institu- 
tion I  saved  from  insolvency.  The  president 
and  directors  have  sworn  that  I  acted  with  zeal, 
fidelity,  and  success;  and  that  I  did  not  defraud 
the  Morris  Canal  and  Banking  Company. 
They  promised  me  a  fee  of  five  thousand  dol- 
lars ;  and  you  have  seen  the  devices  resorted  to 
for  the  purpose  of  chousing  me  out  of  the  richly 
earned  commission.  They,  through  Mr.  Ver- 
milyea,  lent  the  Dutchess  County  Insurance 
Company  ten  thousand  dollars,  which  sum  was 
paid  back  to  their  cashier,  the  first  time  it  was 
applied  for.  When  they  were  run  for  specie, 
trembling,  and  expecting  to  stop  every  hour, 
the  Dutchess  County  Insurance  Company  lent 
them  five  thousand  dollars;  and  agreed  to  wait 
six  months  for  its  return,  without  any  other 
compensation  than  simple  interest;  and  the 
•debt  is  still  due  from  the  Morris  Canal  and 
Banking  Company  to  the  Dutchess  company. 
During  the  pressure  on  the  bank,  William  Bay- 
ard, esq.,  called  on  me  with  a  letter  from  Mr. 
Eckford,  soliciting  my  assistance  to  the  amount 
of  twenty-five  thousand  dollars,  and  guarantee- 
ing to  the  amount  of  ten  thousand  dollars.  The 
ten  thousand  dollars  I  offered  to  furnish,  with- 
out any  other  compensation  than  lawful  inter- 
est, but  the  solidity  of  the  notes  offered  as  se« 
curity  for  the  other  fifteen  thousand  dollars  be- 
ing to  me  unknown,  I  declined  taking  them. 
At  the  same  time,  I  stated  that  they  could  be 
negotiated  at  a  discount  of  30,  or  33£  per  cent. 
This  was  deemed  too  much,  and  the  negotiation 
fell  through. 

"  The  district  attorney,  in  his  opening  speech, 
told  you  that  Mr.  Vermilyea  and  myself  had  had 
the  management  of  the  finances  of  the  Morris  Ca- 
nal and  Banking  Company,  and  that  Mr.  Eckford 
had  stood  aloof,  but  that  the  funds  had  been  pur- 
loined by  Mr.  Eckford,  Mr.  Davis,  and  some- 
others.  On  the  trial,  the  president,  cashier,  and 
clerks,  all  swore  that  I  had  not,  in  a  single  in- 
stance, intermeddled  with  their  funds,  nor  had  I 


DEFENCE   ON    THE   TRIAL   FOR   FRAUD. 


155 


ever  been  in  the  office  of  the  company  ;  but  Mr. 
Gilchrist,  the  cashier,  said,  that  money  to  a  vast 
amount  was  paid  to  the  other  gentlemen,  and 
proved  the  checks  of  the  Morris  Canal  Com- 
pany on  the  Fulton  Bank,  in  favor  of  Mr.  Eck- 
ford, Mr.  Davis,  &c,  which  checks  had  been 
paid  and  not  accounted  for,  and  no  memoran- 
dum made  of  their  indebtedness.  This  was  no 
concern  of  mine,  the  witnesses  all  exonerating 
me  ;  but  as  the  district  attorney  had  coupled  my 
name  with  the  alleged  fraud,  I  took  upon  my- 
self to  interrogate  Mr.  Gilchrist,  and  exhibited 
by  him  the  whole  imposition  attempted  to  be 
practiced.  My  questions  were :  '  Is  the  pub- 
lished statement  of  the  affairs  of  the  Morris 
Canal  Company  true  or  false?'  He  answered, 
'  True.'  '  Did  you  help  make  up  that  statement?' 
'I  did.'  'It  states  about  $8,000  to  be  the  whole 
amount  of  the  losses  sustained  by  the  bank 
from  its  commencement ;  did  you  mean  tha,t 
the  whole  losses  of  the  bank  had  not  been 
greater?'  ' I  did  ;  and  still  think  so.'  'Are 
any  part  of  those  losses  formed  by  the  money 
paid  for  those  checks?'  '  Not  any.'  '  Suppose 
the  money  had  been  borrowed  by  the  Morris 
Canal  Company  of  Mr.  Eckford  and  others,  and 
the  same  deposited  in  the  Fulton  Bank  to  the 
credit  of  the  Morris  Canal  Company,  and  those 
checks  subsequently  given  to  pay  them  there- 
for, would  not  the  affairs  of  the  company  have 
stood  as  they  now  stand  ?'  '  They  would.' 
'  Then  the  company  cannot  have  lost  the  money, 
or  any  part  of  it.'  'No:  It  has  lost  nothing 
by  the  money  paid  for  those  checks.'  Here, 
gentlemen,  you  see  how  monstrous  is  the  con- 
duct of  these  men,  who  are  endeavoring  to 
make  it  appear,  that  giving  checks  to  pay 
money  borrowed  was  making  a  fraudulent  use 
of  the  funds  of  the  bank  without  security  or 
compensation.  You  will  also  bear  in  mind, 
that  Mr.  Bayard  stated,  that  Mr.  Eckford  had 
often  lent  the  company  money,  when  it  was  in 
want,  and  that  the  company  had  never  lent 
Mr.  Eckford  any. 

"  Here,  gentlemen,  you  have  the  whole  length, 
breadth,  body  and  soul  of  my  offending  against 
the  Morris  Canal  and  Banking  Company  ;  ex- 
cepting, indeed,  that  I  am  to  be  blamed  for 
considering  the  laborer  worthy  of  his  hire. 
For  you  must  always  remember  that  I  met  at 
the  threshold  all  applications  for  assistance 
from  that  bank,  with  the  declaration,  'if  you  wish 
me  to  work  for  you,  I  must  be  paid ;'  and  that 
the  fee  of  five  thousand  dollars  was  stipulated 
for  at  the  commencement  of  the  negotiation 
for  the  return  of  the  twenty-five  hundred  shares 
of  stock,  and  in  the  presence  of  Mr.  Eckford 
and  Mr.  Ogden,  both  of  whom  were  directors 
of  that  bank,  and  members  of  its  finance  com- 
mittee. And  yet  you  are  told  that  I  attempted 
to  procure  a  commission  from  both  sides.  Now 
I  never  did  attempt  to  charge  or  think  of 
charging  Mr.  Eckford  anything,  and  if  I  had, 
it  would  not  have  been  charging  both  sides; 
for  Mr.  Eckford  and  Mr.  Ogden  were,  as  to  the 


bargain  to  be  made  by  me,  on  one  and  the 
same  side,  and  the  Fulton  Bank  was  on  the 
other  side  ;  and  surely  it  has  not  been,  nor 
will  it  be  pretended,  that  I  charged  the  Fulton 
Bank  a  single  cent  for  my  services.  On  the 
contrary,  the  moment  the  interest  of  my  em- 
ployers required  a  sacrifice  on  my  part,  I  gra- 
tuitously offer  to  surrender  my  whole  commis- 
sion, this  mighty  five  thousand  dollars,  to  the 
Fulton  Bank?  and  yet  I  am  charged  with  at- 
tempting to  defraud  both  institutions. 

"  I  am  also  charged  with  a  conspiracy  to 
defraud  Messrs.  H.  and  G.  Barclay,  K.  H. 
Hough  and  E.  W.  King.  The  two  former  gen- 
tlemen have  been  on  the  stand,  and  you  have 
heard  them  examined.  Not  one  word  to  my 
prejudice  escaped  their  lips  ;  and  the  only  con- 
spiracy to  defraud  that  I  know  of,  in  connexion 
with  them,  is  as  sworn  to  by  themselves;  that 
they,  as  stockholders,  and  as  I  have  before 
said,  as  partners  in  the  concern,  are  endeavor- 
ing to  divide  the  effects  of  the  Life  and  Fire 
Insurance  Company  among  the  partners  of  the 
firm,  to  the  exclusion  of  their  creditors,  on  the 
dishonorable  plea  that  the  bonds  were  unlaw- 
fully issued.  With  such  a  conspiracy,  gentle- 
men, please  bear  in  mind  that  I  had  nothing 
to  do ;  as  I  was  not  a  stockholder,  a  director, 
or  an  officer  of  the  Life  and  Fire  Insurance 
Company;  nor  its  agent  in  the  issuing  or  sell- 
ing a  single  bond.  As  to  Alderman  King,  the 
district  attorney  has  not  dared  to  call  him.  He 
is  an  honest  man,  and  my  neighbor;  and 
should  he  be  called,  he  would  on  his  oath  tell 
you  that  Jacob  Barker  has  not  either  defrauded 
him,  or  done  him  or  his  family  an  unkindness 
in  his  whole  life.  A  lady  is  also  introduced 
into  this  part  of  the  plot,  a  most  worthy 
woman,  Miss  Ann  Titus,  and  what  did  she 
swear?  You  must  all  remember  how  emphati- 
cally she  declared  that  Jacob  Barker  had  not,  to 
her  knowledge,  directly  or  indirectly  defrauded 
her ;  that  she  had  never  thought  he  had  done  so, 
nor  had  she  ever  said  to  a  single  human  being 
aught  to  his  prejudice. 

"We  now,  gentlemen  of  the  jury,  come  to 
the  most  fruitful  source  of  misrepresentation, 
the  affairs  of  the  Life  and  Fire  Insurance  Com- 
pany. So  far  as  I  have  been  connected  there- 
with, the  district  attorney  has  furnished  abun- 
dant testimony  that  I  have  not  had  any  part 
or  lot  in  the  management  of  their  affairs,  with 
the  exception  of  lending  them  money  on  satis- 
factory security,  selling  some  Fulton  Bank 
stock,  and  accepting  a  power  of  attorney  to 
collect  debts  due,  to  pay  all  my  lawful  claims, 
and  hand  the  excess  over  to  the  company;  that 
I  have  been  faithful  in  my  stewardship  ;  that  I 
offered  to  return  all  the  securities  received  on 
the  payment  of  the  money  due;  and  that  until 
a  decision  of  the  chancellor  could  be  had  there- 
on, I  offered  to  pay  all  that  could  be  collected 
into  the  hands  of  Lynde  Catlin,  esq.,  president 
of  the  Merchants'  Bank.  I  never  knew  one 
word  about  the  manner  in  which  the  books 


156 


LIFE   OF  JACOB   BARKER. 


have  been  kept,  until  after  the  failure ;  and  if 
I  should  remain  on  trial  until  doomsday  not  a 
single  witness  could  be  brought  who  could 
gainsay  that  fact.  I  have  had  great  confidence 
in  that  company,  and  uniformly  said  so,  and 
all  my  conduct  will  square  with  that  confidence. 

"  I  have  sold  but  few,  very  few  bonds  ;  to 
Garniss  I  sold  some  to  raise  money  for  the 
Dutchess  Iusurance  Company  to  use  during 
ray  absence,  but  I  bought  of  him  bonds  to  a 
far  greater  amount.  In  1819,  when  the  aris- 
tocracy of  Wall  street  were  levying  all  their 
artilery  at  my  Exchange  Bank,  and  when  other 
men  of  wealth  were  frightened  off  from  my  sup- 
port, Mr.  Eckford  generously  loosened  his 
purse  strings,  and  without  pay,  price  or  secu- 
rity, lent  me  large  sums  of  money  ;  the  18th  of 
June.  1819,  when  I  had  to  lower  my  colors  to 
the  allied  forces,  I,  accompanied  by  my  friend 
Mr.  Halleck,  called  him  up  at  midnight  and 
gave  him  security. 

"Gentlemen  of  the  jury,  the  individual  who 
thus  supported  me,  in  turn  was  disappointed 
in  the  receipts  he  had  a  right  to  have  expected 
in  the  payment  for  the  frigates  he  had  built, 
which  disappointment  was  wholly  owing  to  the 
failure  of  the  Goldsmidts,  great  bankers  of 
London.  Under  these  circumstances  he  ap- 
plied to  me  to  aid  the  Life  and  Fire  Company. 
I  did  so,  and  I  believe  to  his  entire  satisfaction. 
They  secured  me,  and  is  Henry  Eckford  to  be 
blamed  for  approving  of  having  done  for  Jacob 
Barker  in  1826,  what  Jacob  Barker  did  for 
Henry  Eckford  in  1819? 

"  1  have  now  gone  through  the  motley  group 
of  offences  in  the  indictment,  in  addition  to 
which,  gentlemen  of  the  jury,  the  district  attor- 
ney, in  his  opening,  made  some  statements 
which  may  be  deemed  worthy  of  notice.  Among 
other  things  he  said  that  I  went  to  the  iron 
chest  of  the  Life  and  Fire  Company,  filled  my 
pockets  with  bonds  and  mortgages,  and  went 
off  with  them.  This  allegation  I  pronounce  in 
all  its  parts  destitute  of  truth,  and  notwith- 
standing the  pomp  and  parade  with  which  the 
district  attorney  put  forth  that  flourish,  he  has 
not  asked  a  single  witness  a  word  about  it, 
although  I  have  more  than  once  lifted  up  to 
bis  recollection  the  iron  chest.  The  district 
attorney,  for  the  purpose  of  casting  an  air  of 
suspicion  on  my  conduct,  declared  that  the 
Mercantile  Insurance  Company  and  Jacob 
Barker  are  one  and  the  same  thing;  that  Jacob 
Barker  had  appointed  one  of  his  creatures  its 
president ;  that  he  had  so  much  of  the  stock  as 
to  regulate  the  election  as  he  pleased  ;  and  that 
his  talk  about  William  R.  Thurston,  or  any 
other  of  the  directors,  was  a  mere  flourish ; 
that  as  to  William  R.  Thurston,  he  was  a  mere 
'creature  of  Jacob  Barker,'  a 'man  of  straw' 
in  his  fingers.  On  producing  testimony  of  the 
worth  of  that  gentleman,  the  district  attorney 
admitted  him  to  be  a  gentleman  of  exemplary 
conduct,  an  old  inhabitant  of  this  city,  retired 
from  a  long  life  of  commercial  pursuits,  living 


on  the  fruits  of  his  industry  and  economy,  and 
worth  $300,000.  It  is  not  open  for  inquiry; 
the  district  attorney  gratuitously  admitted  it,  I 
accepted  it,  he  drove  the  nail,  and  I  clinched 
it ;  that  point  is  therefore  at  rest,  but  I  should 
like  to  have  a  few  more  such  men  of  straw  in 
my  fingers. 

"Now,  gentlemen  of  the  jury,  I  have  always 
considered  a  man  of  straw  a  very  different  sort 
of  thing,  and  as  I  am  ignorant  of  what  your 
notions  may  be  on  the  subject,  and  do  not 
know  of  any  other  rule  of  judgment  than  by 
comparison,  it  becomes  my  duty  to  describe 
what,  in  my  judgment,  ought  be  considered  a 
man  in  the  hands  of  another,  viz :  the  district 
attorney  is  a  taller  man  than  Jacob  Barker, 
and  probably  stronger;  if  the  testimony  fur- 
nished by  the  records  of  our  criminal  court  ia 
to  be  believed,  the  district  attorney  has  had  a 
collegiate  education,  and  therefore  has  learned 
how  to  string  together  a  great  many  highflown 
and  melodious  words,  and  by  their  use  to  make 
a  great  mystery  of  very  simple  things,  and 
when  supported  at  his  nightly  meetings  on  the 
one  hand  by  that  demon  Leavitt,  and  on  the 
other  by  the  grave  Cheesbrough,  with  his  argus 
eyes,  he  trims  his  midnight  lamp,  dips  his  ma- 
lignant pen  in  gall,  and  records  the  hellish  deeds 
to  which  these  two  preservers  of  the  interests 
of  absent  stockholders  are  to  swear  in  court, 
there  Jacob  Barker  is  a  man  of  straw,  a  mere 
creature,  which  crumbles  into  dust  in  the  hands 
of  the  district  attorney ;  but  when  he  comes 
forth  and  meets  Jacob  Barker  by  the  light  of 
the  meridian  sun,  before  this  learned  and  just 
court,  restrained  and  regulated  by  the  rules  of 
evidence  as  laid  down  by  Philips,  to  be  passed 
upon  by  an  honest  jury,  then  it  is  that  the  dis- 
trict attorney  is  metamorphosed  into  a  man  of 
straw,  a  mere  creature  in  the  hands  of  Jacob 
Barker,  and  (here  extending  his  arm  and  con- 
tracting his  fingers  in  the  most  impassioned 
manner)  I  will  crack  him  all  to  pieces,  as  I 
would  a  pipe  stem — pausing  and  gently  saying, 
gentlemen  of  the  jury,  observe,  I  do  not  mean 
to  do  him  any  personal  harm,  no  more  than 
the  jolly  tar  meant  to  do  to  the  $20  bank  note 
when  he  on  his  toplifts  went  into  the  Me- 
chanics' Bank  and  threw  it  down  on  the  counter, 
exclaiming  to  the  teller,  'there,  damn  you,  crack 
it  all  to  pieces  ;  I  want  some  shiners  that  will 
jingle,  jingle,  jingle,' at  the  same  time  patting 
his  pocket.  Now,  I  only  mean  that  I  will 
here  crack  this  district  attorney,  this  mere  man 
of  straw,  this  creature  in  my  fingers  all  to 
pieces,  the  mere  mention  of  which,  in  connex- 
ion with  the  highly  celebrated  iron  chest,  shall 
not  only  jingle,  jingle,  jingle,  at  his  honor  the 
mayor's  levees,  but  at  the  tea  party  of  every 
lady  in  town,  not  even  excepting  that  of  the 
lady  brought  into  court  by  the  district  attorney 
to  detail  the  social  conversations  of  the  visitors 
to  the  family  of  her  uncle,  one  of  the  prisoners 
at  the  bar. 

"  The    district    attorney    stated     that    Mr. 


DEFENCE   ON    THE    TRIAL   FOR   FRAUD. 


157 


Eckford  and  Mr.  Barker  had  conspired  to 
change  the  directors  of  the  Fulton  Bank  about 
the  middle  of  July  for  the  purpose  of  fraudu- 
lently using  the  funds  of  that  bank,  and  that 
we  had  a  meeting  at  the  Bank  Coffee  House 
for  the  purpose  of  consummating  the  fraudu- 
lent schemes.  Now,  gentlemen  of  the  jury, 
you  must  remember  the  testimony  which  has 
been  adduced  in  support  of  this  charge.  The 
bank  had  very  disastrous  dealings.  Reports 
were  abroad  that  it  had  lost  half  its  capital. 
Being  very  deeply  interested  in  the  stock,  and 
feeling  that  a  failure  of  the  bank  would  prove 
disastrous  to  the  moneyed  interest  of  the  city, 
I  stated  these  things  to  Mr.  Eckford,  and  he 
agreed  with  me  in  the  opinion  that  the  interest 
of  the  bank  required  that  it  should  be  placed 
under  the  administration  of  persons  of  great 
respectability  who  resided  in  the  neighborhood. 
I  told  him  that  all  Brown  and  Spencer  appeared 
to  want  was  a  loan ;  and  that  he  and  I,  in  con- 
nexion with  the  bank,  had  better  make  such 
loan  than  for  the  bank  to  remain  longer  in 
their  hands.  He  told  me  to  do  what  I  liked 
in  the  business,  and  if  I  lost  by  the  operation 
he  would  bear  one  half  thereof.  The  nego- 
tiation was  set  on  foot,  and  it  was  successful ; 
and  Messrs.  Spencer,  Brown,  Rathbone,  Frank- 
lin, McCready,  and  John  Brown  did  resign  on 
the  day,  and  the  day  following  the  Bank  Coffee 
House  meeting  Richard  M.  Lawrence,  Thomas 
Hazard,  jr.,  William  R.  Thurston,  Nathan 
Comstock,  Barney  Corse,  and  Charles  Dicken- 
son were  appointed  to  their  places.  Their  re- 
spectability, wealth,  and  intelligence,  together 
with  that  of  William  W.  Fox,  William  W. 
Mott,  James  Lovett,  Robert  C.  Cornell,  John 
R.  Willis,  and  John  Flack — all  of  whom  it  is 
in  proof  that  Mr.  Barker  endeavored  to  induce 
to  accept  of  seats  at  that  Board — forbid  the 
supposition  that  any  improper  use  was  to  be 
made  of  the  funds  about  to  be  placed  under 
the  control  of  such  men. 

"  Many  of  them  have  testified  that  Mr. 
Barker  told  them,  when  he  applied  to  them  to 
take  part  in  the  management  of  the  bank,  that 
all  he  wanted  was  for  them  to  make  it  a  good 
bank  in  their  own  way.  Mr.  Eckford  never 
took  part  nor  lot  in  forming  the  new  direction, 
nor  intermeddled  in  the  business  further  than 
to  recommend  to  Messrs.  Franklin  and  Rath- 
bone  to  resign,  and  to  go  with  Mr.  Barker  to 
the  Bank  Coffee  House  to  unite  in  recom- 
mending G.  W.  Brown  to  do  the  same  thing, 
and,  further,  to  advance  some  of  the  money 
towards  the  loan  to  the  Hudson  Insurance 
Company.  If  Mr.  Eckford  wanted  any  in- 
fluence at  that  bank,  is  it  probable  he  would 
have  recommended  Messrs.  Franklin  and  Rath- 
bone  to  resign  ? 

"  The  hardship  and  injustice  of  this  mighty 
mixture  of  insurance  companies,  banks,  stock 
dealers,  carpenters,  bankers,  and  brokers,  are 
greatly  beyond  my  powers  of  description.  The 
district  attorney  seems  to  be  a  great  proficient 


in  the  art  of  compounding  many  simples  into 
one  great  mystery ;  and  he  seems  to  have 
electrified  his  packed  audience  with  the  bril- 
liant display  of  the  gigantic  powers  of  his 
mind  in  this  particular  quality — a  quality, 
however,  better  adapted  for  an  apothecary  than 
the  student  of  Blackstonc  and  Coke. 

"  I  have  not,  gentlemen  of  the  jury,  taken 
up  your  time  in  reading  or  referring  to  law 
books,  for  a  very  good  reason  :  I  never  read 
one  in  my  life,  although  I  have  looked  into 
many.  I  did  in  the  early  part  of  this  trial 
read  half  a  page  from  Burke,  and  I  here  beg 
leave  to  recommend  to  your  grave  considera- 
tion the  sentiments  of  that  great  man,  so  beau- 
tifully expressed  : 

"  '  My  lords,  the  Commons  wait  the  issue  of 
this  cause  with  trembling  solicitude.  Twenty- 
two  years  have  been  employed  in  it,  seven  of 
which  have  passed  in  this  trial.  They  behold 
the  dearest  interests  of  their  country  deeply 
involved  in  it;  they  feel  that  the  very  existence 
of  this  constitution  depends  upon  it.  Your 
lordship's  justice  stands  preeminent  in  the 
world ;  but  it  stands  amidst  a  vast  heap  of 
ruins  which  surrounds  it  in  every  corner  of 
Europe.  If  you  slacken  justice,  and  thereby 
weaken  the  bonds  of  society,  the  well  tempered 
authority  of  this  court,  which,  I  trust  in  God, 
will  continue  to  the  end  of  time,  must  receive 
a  fatal  wound  that  no  balm  can  cure,  that  no 
time  can  restore. 

"  'My  lords,  it  is  not  the  criminality  of  the 
prisoner,  it  is  not  the  claims  of  the  Commons 
to  demand  judgment  to  be  passed  upon  him, 
it  is  not  the  honor  and  dignity  of  this  court 
and  the  welfare  of  millions  of  the  human  race, 
that  alone  call  upon  you.  When  the  devour- 
ing flames  shall  have  destroyed  this  perishing 
globe  and  it  sinks  into  the  abyss  of  nature 
from  whence  it  was  commanded  into  existence 
by  the  great  author  of  it,  then,  my  lords,  when 
all  nature,  kings,  and  judges  themselves  must 
answer  for  their  actions,  there  will  be  found 
what  supersedes  creation  itself,  namely,  eternal 
justice.  It  was  the  attribute  of  the  great  God 
of  nature  before  worlds  were,  it  will  reside  with 
him  when  they  perish,  and  the  earthly  portion 
of  it,  committed  to  your  care,  is  now  solemnly 
deposited  in  your  hands  by  the  Commons  of 
England.' 

"The  district  attorney,  in  his  opening,  also 
told  you  about  erasures  and  false  entries  in  the 
books  of  the  Life  and  Fire  Company.  Be  this 
true  or  false,  I  had  no  knowledge,  part,  or  lot 
in  it.  It  is  enough  for  my  purpose  to  know 
that  the  books  or  the  companies  in  which  I  am 
employed  are  kept  with  marked  exactness.  I, 
however,  beg  leave  of  such  of  the  defendants 
as  are  interested  in  that  question  to  say,  that 
there  is  no  evidence  of  false  entries,  and  that 
the  two  cases  of  erasures  appear  to  be  a  mere 
correction  of  a  mistake  in  the  original  entry, 
and  the  entries  thus  corrected,  as  sworn  by  the 
receiver  in  chancery,  are  as  they  should  be. 


158 


LIFE   OF  JACOB   BARKER. 


"For  the  purpose  of  proving  fraud  on  the 
bondholders,  the  district  attorney  at  one 
moment  makes  the  Life  and  Fire  Company 
utterly  insolvent,  and  in  the  next,  for  the  pur- 
pose of  proving  fraud  on  the  stockholders,  he 
makes  out  that  there  is  something  left  for  them 
after  paying  all  their  debts.  He  reminds  one 
of  the  expressions  of  Robinson  Crusoe's  man 
Friday  to  his  master :  '  You  blow  to  warm 
your  ringers,  you  blow  to  cool  your  soup,  you 
blow  hot  and  you  blow  cold  with  the  same 
breath  ;  you  must  be  possessed  with  some  evil 
spirit.'  So  much  and  no  more  reason  has  the 
district  attorney  for  inferring  fraud  from  the 
evidence  produced. 

"  I  find  myself  denominated  a  broker  in  the 
bill  of  indictment,  which  is  not  true.  I  am 
not,  nor  was  I  ever  a  broker.  I  mean  no  dis- 
paragement to  the  gentlemen  who  belong  to 
that  profession.  I  know  many  of  them  to  be 
among  our  most  meritorious  citizens.  Many 
of  them  are  my  personal  friends,  that  I  not 
only  respect  but  love.  But  I  am  so  described 
on  a  sudden  for  a  fraudulent  purpose.  A 
broker's  commission  is  one-fourth  of  one  per 
cent.,  while  a  commercial  commission  is  two 
and  a  half  to  five  per  cent.,  according  to  cir- 
cumstances. I  have  charged  the  Life  and  Fire 
Insurance  Company  two  and  a  half  per  cent., 
and  this,  for  a  broker,  might  well  be  considered 
a  fraud,  if  it  was  unaccompanied  with  any  re- 
deeming explanation,  while  perfectly  fair  and 
proper  in  a  commission  merchant;  but  under 
what  circumstances  is  this  made  ?  Mr.  Eck- 
ford  had  rendered  me  great  assistance  when  I 
was  in  difficulty,  and  in  return  he  had  a  right 
to  expect  me,  when  he  requested  it,  to  give 
aid  to  the  Life  and  Fire  Insurance  Company, 
over  which  he  presided,  and  in  the  support  of 
which  his  purse  and  pride  were  enlisted. 

"  He  applied  to  me  to  become  the  agent ;  I 
cheerfully  offered  my  services.  He  wished  to 
stipulate  for  an  adequate  compensation ;  I 
declined,  and  he  promised  to  see  me  paid 
when  it  was  over.  You  have  seen  with  what 
fidelity  and  success  I  carried  on  all  these  nego- 
tiations. The  object  for  which  I  embarked 
was  lost  in  the  failure  of  the  company,  and  it 
then  became  a  mere  matter  of  interest.  I 
therefore  placed  in  the  account  rendered  to  the 
receivers  a  commercial  commission  of  two  and 
a  half  per  cent.,  which  I  think  I  richly  earned  ; 
but  observe,  gentlemen,  the  remarks  I  made 
when  I  delivered  the  account.  Mr.  Hoffman, 
one  of  the  receivers,  has  told  you,  when  called 
as  a  witness  by  the  district  attorney  on  the 
part  of  the  people,  that  I  stated  that  the  charge 
was  only  intended  to  lift  the  subject  up  to  the 
view  of  the  chancellor,  explaining,  at  the  same 
time,  the  terms  on  which  I  had  embarked,  and 
that  I  considered  the  chancellor,  when  he 
should  pass  on  the  accounts,  to  be  at  perfect 
liberty  to  reduce  or  expunge  the  charge,  if  he 
should  think  proper  to  do  so;  and  that  I 
should  not  insist  on  any  pay.     In  consequence 


of  this  unexpected  disclosure  of  the  testimony, 
you  will  not  hear  one  word  from  the  district 
attorney  about  my  being  a  broker,  or  the  enor- 
mity of  the  charge,  both  which  would  other- 
wise have  been  most  fruitful  sources  of  crimi- 
nation. 

u  Gentlemen  of  the  jury,  I  have  already 
mentioned  that  I  had  not  taken  a  single  note, 
nor  have  I  read  any  of  those  taken  by  others. 
One  of  the  gentlemen,  however,  has  furnished 
me  with  a  list  of  the  names  of  the  witnesses, 
which  will  call  to  my  recollection  what  they 
said  ;  and  so  far  as  I  may  consider  such  testi- 
mony as  affecting  me,  I  must  examine  it, 
although  very  unwilling  to  trespass  so  long 
on  your  time.  These  proceedings  against  me, 
gentlemen  of  the  jury,  I  have  more  than  once 
told  you  were  urged  on  by  the  monied  aris- 
tocracy of  Wall-street.  They  have  become 
desperate.  They  know  it  is  now  or  never,  and 
that  if  they  do  not  now  succeed  in  destroying 
Jacob  Barker  he  will  polish  the  paving  of  the 
vaults  of  such  of  the  banks  as  have  joined  in 
this  unholy  war. 

"  Seixas  Nathan. — This  witness  stated  that 
not  one  dollar  was  paid  to  me  of  the  proceeds 
of  the  water  or  gas  stock  sold  by  him  for  the 
Life  and  Fire  Insurance  Company  which  had 
been  received  from  Malapar;  and  this,  gentle- 
men of  the  jury,  you  will  recollect  the  district 
attorney  said  most  boldly  had  been  put  into  my 
pocket  by  Mr.  Nathan. 

"David  B.  Ogdeu,  esq.,  told  you  that  he  was 
a  director  and  one  of  the  finance  committee  of 
the  Morris  Canal  and  Banking  Company,  and 
that  I  had  acted  with  fidelity,  zeal,  and  capacity 
in  the  agency  I  undertook  for  that  bank  ;  that 
I  did  all  that  was  expected  of  me  ;  that  Mr. 
Eckford  was  present  when  he  requested  my 
assistance,  and  when  I  required  $5,000  com- 
mission, if  successful,  and  if  not  successful  no 
compensation,  and  that  he  promised  to  do  all 
he  could  to  get  for  me  the  fee,  and  the  minutes 
of  the  proceedings  of  the  directors  of  the 
Morris  Canal  and  Banking  Company  prove 
that  he  had  unlimited  powers  conferred  on  him 
to  consummate  this  negotiation  ;  and  that  after 
this,  and  after  knowing  my  terms,  he  urged  me 
to  continue  to  exert  myself;  that  I  had  either 
for  myself,  or  for  the  Dutchess  County  Insur- 
ance Company,  lent  the  Morris  Canal  and  Bank- 
ing Company  $5,000  for  six  months,  without 
any  other  compensation  than  simple  interest ; 
and  that  I  had  not,  to  his  knowledge,  directly  or 
indirectly  defrauded  the  Morris  Canal  Bank. 

"  Robert  Gilchrist,  cashier  of  the  Morris 
Canal  Bank,  confirmed  the  statement  about  the 
loan  of  $5,000,  its  being  yet  due,  and  the  re- 
turn of  the  $10,000,  and  stated  that  I  had  not, 
to  his  knowledge,  defrauded  that  bank. 

"  Abraham  Ogden,  esq.,  confirmed  the  state- 
ment of  Mr.  Gilchrist,  adding  that  he  had  not 
before  heard  of  the  claim  for  the  $5,000,  and 
that  he  did  not  think  it  right  for  me  to  claim  it. 
Every  one  who  knows  Mr.  Ogden,  will  give  full 


DEFENCE   ON    THE   TRIAL   FOR   FRAUD. 


159 


credit  to  his  testimony,  so  far  as  to  good  inten- 
tions and  the  facts  within  his  recollection,  but 
he,  no  doubt,  has  forgotten  the  circumstance, 
as  David  Leavitt  swore  that  he  communicated 
the  fact  of  the  commission  to  the  board  of  di- 
rectors, when  Mr.  Ogden  was  present. 

'•  ^Viiliam  Bayard,  esq.,  the  assistant  presi- 
dent of  the  Morris  Canal  Bank,  confirmed  on 
his  oath  all  my  statements  relative  to  that  bank, 
so  far  as  they  had  come  to  his  knowledge. 

"  A  lad  seventeen  years  of  age  swore  that 
I  had  borrowed  ten  thousand  dollars  of  the 
Morris  Canal  Bank ;  that  I  had  paid  it ;  that  I 
had  leut  that  bank  five  thousand  dollars  ;  that 
it  was  yet  due  me ;  but  that  my  conduct  had 
been  dishonorable.  That  he  got  his  informa- 
tion from  others  ;  that  he  had  not  seen  me,  nor 
heard  me  speak  of  the  transaction  to  which  he 
alluded,  except  that  when  Mr.  Tallman  sent 
him  with  part  of  the  money  to  the  Dutchess 
Company,  he  saw  me  in  the  office,  and  I 
painted  out  Mr.  Halleck,  the  secretary  of  that 
company,  as  the  proper  person  to  receive  it.* 
On  being  asked  why  he  accused  me  of  dis- 
honor, he  stated  that  his  object  was  to  do 
away  the  testimony  of  Mr.  Gilchrist,  the  cash- 
ier, who  he  supposed  did  not  understand  the 
subject.  I  asked  him  if  he  heard  Mr.  Gilchrist 
give  his  testimony.  He  said  no,  but  that  he 
had  seen  David  Clarkson  and  Robert  L.  Reed 
together.  That  Mr.  Reed  had  told  him  what 
Mr.  Gilchrist  had  said,  and  that  Mr.  Clarkson 
had  sent  him  to  the  district  attorney  to  confer 
as  to  what  he  should  say  on  the  subject,  and 
that  he  had  been  with  the  district  attorney  be- 
fore to  explain  as  to  the  testimony  he  was  to 
give  on  this  trial.  On  being  questioned  fur-  j 
ther  as  to  his  reasons  for  considering  my  con- 
duct dishonorable,  he  stated  that  Mr.  Gilchrist 
had  told  him  that  I  disputed  the  payment  of  a 
trifling  claim  for  interest.  He  was  then  re- 
minded of  the  debt  of  $5,000,  and  asked  if  the 
bank  could  not  pay  themselves  the  trifling  in- 
terest claim  out  of  it.  He  said  no,  because 
they  had  given  security.  The  court  then  asked 
what  security?  He  answered  Morris  Canal 
stock.  This  last  fact  sufficiently  proves  that 
he  did  not  understand  what  he  was  swearing 
to,  and  that  he  had  been  a  trained  witness,  sent 
here  by  the  conspirators  for  my  destruction,  to 
insult  me.  Yes,  gentlemen  of  the  jury,  a 
beardless  boy,  in  the  employ  of  a  bank  which 
I  had  saved  from  insolvency,  was  sent  here  to 
insult  the  father  of  twelve  children.  As  to  the 
security,  the  indebtedness  of  the  company  bound 
all  their  stock  and  effects,  and  if  they  could  not 
pay  the  debt  the  stock  was  good  for  nothing. 
What  would  it  avail  the  holder  of  a  life  and 
fire  bond  to  have  as  security  life  and  fire  stock? 
The  object  and  effect  of  security  is  to   have 

*  These  $10,000  were  in  the  notes  of  the  Morris  Canal 
Bank ;  to  oblige  the  bank  Mr.  Barker  undertook  to  u  se 
them  in  the  business  of  the  Dutchess  Company,  so  far  as 
should  be  found  convenient;  most  of  thein,  not  having 
been  used,  were  returned,  with  the  money  for  such  as  had 
been  used. 


something  to  resort  to  in  case  the  principal 
fails.  The  stock,  in  case  of  the  failure  of  the 
company,  would  afford  no  such  resort,  any 
more  than  for  a  man  to  endorse  his  own  note 
would  give  security  for  its  payment. 

"  David  Leavitt  swore  that  he  had  divulged 
to  the  directors  of  the  Morris  Canal  Company 
the  communication  that  I  had  made  in  confi- 
dence to  the  directors  of  the  Fulton  Bank 
about  my  commissions.  He  swore  that  he,  on 
behalf  of  the  Fulton  bank,  employed  Mr.  Bar- 
ker to  go  and  loan  $20,000  to  the  IIudM.ii 
Company,  of  which  one  half  was  to  be  fur- 
nished by,  and  at  the  risk  of,  Mr.  Barker  and 
Mr.  Eckford,  on  the  supposition  that  $100,000 
would  carry  the  Hudson  Company  through  all 
their  difficulties;  knowing  at  that  time  that  the 
bank  had  a  claim  at  sight  for  $103,000  on  that 
company,  with  which  he  could  overwhelm  it  at 
any  moment;  and  knowing  also  that  they  were 
on  the  eve  of  bankruptcy,  and  that  he,  a  day  or 
two  before,  had  got  all  their  securities  that 
were  considered  of  any  value ;  the  whole  of 
which  he  preserved  a  death-like  secret  from  me. 

"  Gentlemen,  you  saw  how  he  winced  and 
claimed  protection  from  the  court  when  I  at- 
tempted to  make  him  tell  his  connexion  with 
Malapar,  and  the  white  lead  works,  and  the 
marble  bonds.  You  heard  him  ask  me  '  if  I 
expected  him  to  impeach  himself;'  and  be- 
cause I  could  not  help  telling  him  that  '  he 
had  already  done  it,'  this  honorable  court  was 
greatly  offended,  and  required  me  to  promise 
to  appear  before  them  when  this  trial  was 
over  and  answer  for  the  offence.  You  saw 
how  he  prevaricated  and  attempted  to  evade 
my  every  question  put  with  the  view,  the  single 
view,  of  wringing  from  him  the  secrets  of  his 
heart ;  and  I  am  greatly  indebted  to  the  unex- 
ampled skill  and  success  of  Mr.  Williams,  coun- 
sel for  the  other  defendants  in  this  case,  in 
eliciting  from  him  what  I  had  failed  to  make 
him  acknowledge.  When  this  man  first  heard 
of  my  indictment  he  clapped  his  hands,  roared 
out  a  loud  laugh  in  the  presence  of  all  the 
clerks  in  the  bank,  jumped  over  a  beuch  stand- 
ing by  his  side,  and  spun  round  in  a  joyous 
delirium  at  the  prospect  of  glutting  his  ven- 
geance. Not  content  with  the  mischief  done 
me,  he  calls  on  that  venerable  gentleman, 
[pointing  to  Mr.  Hazard,]  whose  head  has 
been  whitened  with  the  snow  of  nearly  seventy 
winters,  and  tells  him  that  his  son-in-law,  Jacob 
Barker,  was  very  much  depressed  and  dispirited 
about  this  indictment.  Gentlemen  of  the  jury, 
I  put  it  to  you  to  say  whether  I  either  look  like, 
or  have  acted  in  any  part  of  the  trial  like,  a  de- 
pressed and  dispirited  man,  one  overwhelmed 
with  conscious  guilt.  Please  look  at  me,  gen- 
tlemen of  the  jury,  and  say  on  your  oaths 
whether  or  not  you  think  any  man  could  with 
truth  have  thus  characterized  me.  But  sup- 
pose it  had  been  so,  and  that  David  Leavitt,  a 
hypocritical  professor,  had  known  it,  was  it 
kind,  was  it  fair,  was  it  manly  for  him  to  dis- 


160 


LIFE   OF   JACOB   BARKER. 


turb  the  happiness  of  such  a  man  as  Mr.  Haz- 
ard, and  such  a  family  as  his,  with  the  relation 
of  the  dishonor  of  a  branch  of  that  family? 
No ;  such  conduct  could  not  have  emanated 
from  any  feeling  but  the  most  diabolical  spirit 
of  malignancy.  He  swore,  on  this  trial,  to 
state  all  the  facts  he  knew  ;  in  place  of  which 
he  travelled  out  of  the  record  to  insult  a  prisoner 
at  the  bar,  by  swearing  he  had  committed  a 
fraud,  without  telling  in  what  particular  ;  and, 
when  he  came  to  be  cross-examined  by  that 
prisoner  in  person,  it  turned  out  that  he,  Lea- 
vitt,  and  not  I,  had  committed  the  fraud.  He 
swore  that  the  negotiation  for  the  return  of 
Morris  Canal  stock  was  not  completed,  because 
Jacob  Barker  iew  from  his  bargain.  On  the 
cross-examination  it  was  proved  that  it  was 
Leavitt,  and  not  Barker,  who  had  flown  from 
the  bargain ;  and  besides,  that  he  had  been 
treacherous  to  his  associate  directors  in  the 
business.  He  swore  that  Barker  had  nothing 
to  do  with  the  final  close  of  the  bargain.  On 
the  cross-examination  it  turned  out  that  Jacob 
Barker  was  the  very  pivot  on  which  it  turned. 
He  swore  fraud  in  the  lump  against  an  indi- 
vidual, and  detailed  facts  which,  if  true,  made 
that  individual  carry  off  half  the  capital  of  the 
bank ;  and,  at  the  very  close  of  these  denun- 
ciations, he  swore  that  that  individual  had  not 
intended  to  do  any  wrong.  He  swore  that  he 
had  communicated  to  Clarkson  the  secrets  of 
the  bank,  in  violation  of  the  resolution  of  the 
directors,  and  thus  enabled  Clarkson,  as  he 
swore  he  did,  to  palm  off  upon  me  a  large 
amount  of  stock  at  eighty  which  was  only 
worth  twenty-five.  He,  Leavitt,  swore  that  my 
check  received  from  Davis  was  only  $1,000  or 
$1,200,  when  it  was  proved  to  be  for  $12,757  50. 
Yes,  gentlemen  of  the  jury,  the  man  who  swore 
fraud  against  me  made  all  these  false  state- 
ments, and  further  admitted,  on  his  cross-ex- 
amination, the  corrupt  bargain  he  made  with 
Mr.  Cheesbrough ;  that  the  bank  paid  eleven- 
twelfths  of  $2,000  of  the  $6,000  bonus,  pursu- 
ant to  the  terms  of  a  resolution  of  the  directors; 
every  line  of  which,  when  taken  in  connexion 
with  the  deed  it  affected  to  hide  from  all  the 
other  directors,  carries  fraud,  falsehood,  and 
deception  on  the  face  of  it.  The  residue  of 
this  bonus,  say  $4,000,  this  Leavitt  swore  he 
paid  to  Cheesbrough  ;  that  he  received  back 
$2,000  of  it  from  Mark  Spencer;  that  Mr. 
Spencer  was  to  be  reimbursed  for  it  by  interest 
on  overdrawings ;  that  he  ordered  the  clerk  of 
the  bank  to  pay  Mr.  Spencer's  checks  for 
$08,000,  without  funds  and  without  security, 
and  to  keep  these  checks  in  his  drawer  for 
three  weeks,  by  which  means  his  account  did 
not  appear  overdrawn ;  and  the  facts  of  the 
case  were  thus  hid  from  the  directors,  and  Lea- 
vitt enabled  to  pocket  these  two  thousand  dol- 
lars interest  money  received  from  Mr.  Spencer, 
without  appearing  to  rob  the  bank.  He  tells 
you  further,  that  he  intended  also  to  have  got 
the  other  two  thousand  dollars  from  the  vaults 


of  the  bank,  but  by  what  new  device  or  fraud 
he  did  not  vouchsafe  to  tell  you. 

"The  iniquity  of  this  man  does  not  end 
here.  After  having,  under  the  guise  of  paying 
a  president,  and  that  in  advance  too,  for  his 
most  faithful  services  until  April  1827,  he 
meant  for  him  to  resign  the  moment  of  the  pas- 
sage of  that  resolution,  and  from  that  time  he 
himself  to  have  an  equal  salary  from  the  stock- 
holders, who  had  already  lost  almost  their  last 
dollar  by  the  conduct  of  these  rapacious  men. 
But  finding  himself  disappointed  in  his  elec- 
tion as  president,  he  again  resorts  to  bargain- 
ing, and  agreed  with  Mr.  Brown,  if  he  would 
vote  for  his  election,  that  he  would  allow  him 
to  receive  the  whole  salary  for  one  year. 

"  The  $68,000  before  alluded  to  will  be  lost 
to  the  bank,  if  the  stockholders  do  not  enforce 
their  legal  rights  against  David  Leavit's  per- 
sonal property.  How  did  the  accounts  stand 
during  Mr.  Cheesbrough's  administration  ? 
Why,  the  Hudson  Company  and  its  president 
were  in  the  habit  of  drawing  through  the  day 
for  what  money  they  wanted,  making  the  ac- 
count good  at  three  o'clock.  In  place  of  which, 
David  Leavitt,  as  soon  as  he  was  elected  presi- 
dent, according  to  his  own  account,  orders  the 
checks  to  be  paid  and  not  charged,  but  to  be 
kept  hid  in  the  drawers  for  three  weeks,  to 
enable  him  to  get  his  $2,000  interest  without 
being  detected,  and  that  too  to  the  amount  of 
$68,000,  without  a  particle  of  security;  and 
thus  the  Hudson  Company  and  its  president 
were  released  from  all  obligation  to  make  de- 
posits at  three  o'clock,  or  at  any  other  time 
before  the  expiration  of  three  weeks  ;  and  be- 
fore that  time,  the  Hudson  Company  and  its 
president  failed. 

"  Monstrous!  And  are  these  things  to  be 
permitted  by  men  entrusted  with  the  care  of 
the  funds  of  others — men  that  are  paid  for 
such  care?  And  if  one  of  the  sufferers  com- 
plains of  such  faithless  conduct,  is  it  to  be  tol- 
erated that  he  is  to  be  dragged  here,  disquali- 
fied from  giving  testimony,  and  branded  with 
infamy  by  the  guilty  offender  who  is  yet  per- 
mitted to  roam  at  large  ? 

"Here,  gentlemen  of  the  jury,  I  have  given 
you  a  faithful  narration  of  this  man's  conduct 
as  sworn  to  by  himself.  It  speaks  for  itself — 
to  attempt  to  delineate  its  enormity  would  be 
insulting  your  understanding.  And  this  is  the 
man  who  dared  to  swear  fraud  against  me, 
when  there  was  no  fraud ;  and  if  there  had 
been,  it  was  your  and  not  his  prerogative  to 
characterize  it. 

"David  Clarkson  swore  that  he  purchased 
of  me  large  amounts  of  Fulton  Bank  stock,  in 
the  months  of  March,  April  and  May,  on  credit; 
that  he  had  paid  for  all  except  fifty  shares; 
that  I  had  honorably  fulfilled  all  my  bargains 
in  relation  thereto ;  that  about  the  10th  of  July, 
he  gave  me  $50  for  the  privilege  of  delivering 
to  me  200  shares  any  time  within  60  days 
thereafter  at  80;    that  he  had  delivered  the 


DEFENCE   ON    THE   TRIAL   FOR   FRAUD. 


161 


stock,  and  that  I  had  paid  hini  for  it;  and  he 
exulting])' said,  '  you  lost  greatly  by  the  bar- 
gain ;'  but  he  did  not  say  that  David  Leavitt 
had  communicated  to  him  the  disasters  of  the 
bank  by  which  the  value  of  the  stock  was  re- 
duced to  25  per  cent.,  and  that  this  enabled  him 
to  shave  Mr.  Barker.  At  the  same  time,  gen- 
tlemen of  the  jury,  when  one  David  was,  by 
his  own  oath,  in  constant  communication  with 
the  other  David  about  the  secrets  of  the  bank, 
he  was,  by  the  oath  of  Mr.  Nevins,  very  re- 
served in  his  communications  to  that  gentle- 
man about  the  business  of  the  bank.  Mr. 
Clarkson  also  swore  that  when  100  of  those 
shares  bought  of  Mr.  Barker  became  due,  he 
called  on  him  and  refused  to  take  them,  sup- 
posing they  were  part  of  the  2,000  shares  re- 
ceived by  the  Life  and  Fire  Insurance  Com- 
pany in  exchange  for  the  Morris  Canal  and 
Banking  Company  stock.  On  Mr.  Barker's 
assuring  him  they  were  not,  he  agreed  to  pay 
for  them ;  .that  he  did  pay  $2,000  on  account, 
pursuant  to  agreement,  and  promised  the  bal- 
ance in  four  days.  At  the  expiration  of  which 
he  again  refused,  when  some  very  hard  words 
passed  between  us;  immediately  after  he  sent 
his  partner  to  me  with  an  apology  and  a  thou- 
sand dollars  on  account,  as  a  pledge  of  his  sin- 
cerity. He  further  stated  that  the  subject  was 
before  the  grand  jury,  (gentlemen,  observe  the 
grand  jury  which  refused  to  find  a  bill  against 
me,)  when  he  refused  complying  with  the  terms 
of  adjustment  stipulated  at  the  termination  of 
his  first  dispute,  no  doubt,  in  the  hope  that  the 
grand  jury  would  furnish  him  with  an  excuse  for 
not  paying,  by  finding  a  bill  against  me.  Mr. 
Clarkson.  on  his  oath,  admitted  that  he  had  re- 
fused to  pay  for  fifty  shares  of  Fulton  Bank 
stock  purchased  of  me,  because  they  were  a 
part  of  the  2,000  shares  received  by  the  Life 
and  Fire  Company  in  exchange  for  Morris 
Canal  and  Banking  Company  stock,  which  ex- 
change he  denominated  a  swindling  transac- 
tion, and  that  I  had  instituted  a  suit  against 
him  for  the  recovery  thereof;  therefore  he  must 
think  if  you  should  award  the  transaction 
fraudulent,  it  will  insure  him  success  against 
the  pending  suit  for  those  50  shares.  A  most 
disinterested  witness  truly  to  give  testimony 
on  this  trial.  If  this  was  a  suit  for  five  dollars, 
the  testimony  of  such  a  witness  would  not  be 
taken;  yet  in  a  suit  where  every  thing  dear  to 
man  is  at  issue,  we  are  not  allowed  to  put  forth 
that  plea. 

"  Jacob  Clinch,  cashier  of  the  Fulton  Bank, 
confirmed  my  statement  as  to  the  payment  of 
$30,000  to  the  credit  of  William  P.  Rathbone, 
for  the  redemption  of  300  shares  of  stock  in 
that  bank,  and  of  the  little  business  1  had 
transacted  with  that  bank.  The  Life  and  Fire 
book  with  the  Fulton  Bank,  together  with  the 
clerk  of  the  Mechanics'  Bank,  proved  the  check 
of  Jacob  Barker,  received  by  Mr.  Leavitt  from 
Mr.  Davis,  to  have  been  $12,757  50,  on  the 
6th  July ;  and  this  check,  gentlemen  of  the 
11 


jury,  you  will  please  to  take  notice,  Leavitt 
swore  was  for  only  1,000  or  1,200  dollars, 
although  he  never  received  but  one  check,  per- 
fectly recollected  it,  and  the  day  on  which  he 
received  it,  and  urged  the  smallness  of  the 
amount  as  an  excuse  for  what  he  wished  to 
make  criminal  in  the  clerks.  When  he  swore 
to  the  amount,  you  must  remember  that  I  rose 
and  cautioned  him  to  be  careful  and  to  reflect) 
that  I  meant  to  tax  his  recollection  severely ; 
that  I  should  hold  him  answerable  for  the  mis- 
take if  he  made  any,  and  that  if  he  did  not  re- 
member, he  had  nothing  to  do  but  to  say  so. 
He  still  persisted  in  averring  that  it  was  only 
for  1,000  or  1,200  dollars.  Using  the  mildest 
terms,  how  frail  was  his  recollection,  and  what 
reliance  can  you  place  on  any  part  of  his  tes- 
timony ? 

"  I  never  entered  into  an  association  for 
purchasing  a  controlling  influence  over  but  one 
bank;  and  that  was  several  years  past,  in  rela- 
tion to  the  North  River  Bank,  and  for  the 
most  praiseworthy  purposes.  In  that  case, 
myself  and  my  associates  purchased  and  paid 
the  money  for  a  majority  of  the  stock,  and 
were  opposed  by  those  who  held  their  stock  by 
virtue  of  stock  notes  to  the  bank  itself;  and 
yet  we  brought  such  a  hornet's  nest  about  our 
ears,  that  we  were  glad  to  accept  the  first  good 
offer  and  sell  out,  since  which,  I  have  been 
well  pleased  to  keep  clear  of  such  scrapes. 

"  I  have  not  had  any  part  in  the  partial  distri- 
bution of  the  stock  of  the  many  banks  and  insu- 
rance companies  that  have  been  incorporated. 
I  have  not  lent  my  name  to  others  to  subscribe 
for  stock,  nor  have  I,  with  a  trifling  exception, 
offered  to  subscribe  to  any  of  them  for  myself 
or  for  others.  Whenever  I  want  stock,  I  do 
not  humble  myself  to  commissioners  or  direc- 
tors, but  I  go  into  Wall  street,  and  there  exert 
the  right  secured  to  every  citizen,  viz:  to  pur- 
chase and  pay  for  as  much  or  as  little  stock  as 
I  please,  without  holding  myself  accountable 
to  a  human  being  therefor. 

"  John  I.  Boyd  swore  that  I  met  him  on 
Sunday  morning  and  inquired  the  news  ;  that 
he  told  me  the  Trademen's  Bank  had  been  en- 
joined; that  I  replied,  'this  is  no  news,  I  heard 
it  at  Bloomingdale  last  evening  ; '  that  I  told 
him  it  would  be  a  very  serious  thing  for  one  of 
the  city  banks  to  stop  payment,  that  there  was 
no  knowing  where  it  would  stop;  that  he  should 
go  and  see  the  president,  and  that  they  had 
better  consult  Mr.  Catiin,  Mr.  Fekf'ord  and 
others  on  the  business,  and  that  1  would  go  to 
my  ollice  and  wait  two  hums,  where  he,  Mr. 
Boyd  might  apply  in  case  he  could  make  me 
useful.  And  here  is  an  attempt  to  make  il  a 
crime  in  Jacob  Barker  to  have  heard  in  the 
evening,  four  miles  in  the  country,  a  matter  of 
fact  known  to  the  whole  city  early  in  the  after- 
noon ;  a  fact  of  such  vast  importance  to  the 
city  and  to  the  nation,  and  which  related  so 
immediately  to  the  business  in  which  he  was 
very  extensively  engaged. 


162 


LIFE   OP   JACOB   BARKER. 


"  Gentlemen  of  the  jury,  if  Jacob  Barker 
had  not  known  it  that  evening,  the  public 
■would  have  considered  him  totally  unworthy  of 
the  high  reputation  they  had  awarded  him  for 
keeping,  as  the  sailors  say,  '  a  bright  look  out.' 

"It  is  universally  admitted  that  Wall  street, 
with  all  its  sins,  decried  as  it  is,  regulates  the 
finances  of  the  nation — on  the  operations  of 
that  street  depends  the  whole  commerce  of  the 
country.  It  is  like  the  heart  of  man,  through 
which  the  blood  from  every  extremity  of  the 
body  has  to  circulate — then  I  ask  you,  was  the 
solicitude  manifested  by  Jacob  Barker  on  the 
happening  of  what  was  likely  to  shock  the  fab- 
ric on  which  the'  finances  of  the  nation  de- 
pended strange?  So  strange  as  to  warrant  the 
conclusion  that  he  was  a  guilty  conspirator? 
Had  he  been  interested  in  the  bank,  would 
not  his  own  vanity,  the  confidence  he  feels  in 
his  own  ability  to  conduct  a  difficult  affair,  have 
led  him  into  the  heat  of  the  battle?  Would  he 
not  have  done  as  he  did  at  the  Fulton  Bank — 
rushed  into  the  thickest  of  it,  placed  himself  in  the 
front  ranks,  pledged  his  own  money  and  stock, 
and  exhorted  the  directors  to  save  the  bank 
from  ruin?  But  he  goes  quietly  to  his  office, 
promising  to  wait  two  hours  to  be  called  on  by 
Mr.  Boyd,  if  he  could  be  made  useful — per- 
haps he  wanted  another  $5,000  fee. 

"  In  relation  to  the  Fulton  Bank  and  the 
Tradesmen's  Bank,  Mr.  Barker's  conduct  was 
as  different  as  the  interest  he  felt  in  the  two 
institutions ;  and  although  directly  opposite, 
you,  gentlemen  of  the  jury,  are  called  upon  to 
construe  both  alike  as  evidence  of  a  guilty 
conspiracy. 

"  Mr.  Boyd  tells  you  also  that  he  was  in  the 
constant  habit  of  consulting  Mr.  Barker  about 
various  branches  of  business;  that  he  held  the 
opinions  of  Mr.  Barker  in  high  estimation,  and 
that  Mr.  Barker  always  gave  them  freely  and 
fearlessly,  regardless  of  the  consequences  to 
himself  or  to  others.  Mr.  Boyd  also  confirmed 
the  statement  about  his  plan  for  harmonizing 
the  difficulties  in  relation  to  the  Tradesmen's 
Bank,  and  stated  that  so  far  from  considering 
it  a  secret,  or  myself  interested,  I  jocosely 
mentioned  the  brilliancy  of  the  scheme  to  Alder- 
man Thorne,  one  of  the  disputants  whom  we 
happened  to  meet  at  the  time,  whereupon  Mr. 
Boyd  upbraided  me  for  letting  out  his  secrets. 
Mr.  Boyd  also  swore  that  nothing  had  happened 
at  any  time,  either  before  or  after  the  election, 
that  led  him  to  suppose  I  had  any  interest  or 
agency  in  the  purchase  of  the  bank. 

"  I  do  not  mean,  gentlemen  of  the  jury,  to 
be  understood,  by  the  zeal  manifested  to  rid 
myself  from  all  suspicion  of  being  a  partici- 
pator therein,  as  subscribing  to  the  doctrine 
that  I  had  not  as  much  right  to  purchase  stock 
in  the  Tradesmen's  Bank  as  any  other  stock. 
But  as  the  truth  is  that  I  had  not  any  concern 
therein,  I  feel  it  my  duty  to  have  the  whole 
truth  set  before  yon.  Purchasers  of  public 
stock  owe  the  stockholders  no  other  duty  than 


the  common  duty  of  being  good  citizens.  Not 
so  with  the  sellers  in  this  case ;  they  were 
directors,  and  became  possessed  of  the  power 
to  control  the  bank  principally  by  using  its 
funds  to  buy  up  a  majority  of  the  stock. 
Whether  this  was  right  or  wrong  is  not  now 
the  subject  of  inquiry;  but  it  was  certainly 
wrong  to  dispose  of  the  control  of  the  bank 
thus  acquired  to  any  person,  and  especially  to 
an  unknown  purchaser,  without  consulting  the 
stockholders,  whose  money  they  had  been  thus 
diverting  from  legitimate  banking  to  the  ac- 
quisition of  such  power,  and  whose  funds  were 
thus  to  be  set  adrift,  without  compass  or  chart, 
while  their  own  stock  was  most  carefully  with- 
drawn, and  a  bonus  or  premium  of  $84,000 
obtained  for  the  exclusive  benefit  of  the  selling 
directors.  I  say,  this  was  most  certainly 
wrong.  When  I  first  heard  of  the  sale,  which 
was  first  mentioned  to  me  by  B.  F.  Butler,  esq., 
who  had  accidentally  heard  it  in  Wall  street,  I 
exclaimed:  'If  Jacob  Barker  had  done  this, 
the  world  would  ring  with  his  infamy.'  Now, 
gentlemen  of  the  jury,  I  do  not  mean  to  say 
that  the  professional  or  other  men  concerned 
in  this  sale  supposed  they  were  doing  wrong — 
such  a  thing  never  entered  their  heads.  Their 
whole  life,  and  the  faithful  discharge  of  their 
judicial  and  official  duties  in  the  situations 
which  some  of  them  have  so  long  and  faith- 
fully filled,  forbids  such  a  supposition  ;  but 
they  were  deluded  and  captivated  with  the 
boon  held  up  to  their  view,  and  a  profit  of 
$84,000  by  a  single  bank  speculation  could  not 
be  resisted.  They  had  heard  of  Lawton's,  of 
Prime's,  and  of  Garniss'  splendid  speculations, 
and  wished  to  figure  alittle  in  the  financial  world; 
and,  having  studied  'Coke  upon  Lyttleton' 
more  than  they  had  '  Smith's  Wealth  of  Na- 
tions,' they  considered  only  their  legal  rights 
over  the  stock,  forgetting  at  the  moment  their 
duty  to  the  widow  and  orphan,  of  whose  rights 
they  had  become  the  legal  guardians.  So  bent 
were  they  on  securing  the  prize,  that  about  the 
very  day  of  the  election  they  distrusted  the 
commissioners  appointed  by  themselves  to 
superintend  the  election,  and,  without  any 
fault  on  the  part  of  those  commissioners, 
ingloriously  dismissed  them,  and  appointed 
others  more  likely  to  consummate  their  wishes. 
One  of  their  own  number  resigned  his  seat  as 
a  director  for  the  purpose  of  becoming  one  of 
those  inspectors,  and  absolutely  performed  the 
ceremony  in  such  a  manner  as  the  Supreme 
Court  has  since  passed  condemnation  upon. 
Yet  most  of  these  men  escape  the  notice  of  the 
district  attorney  further  than  to  be  brought 
here  to  aid  him  in  the  unholy  work  of  destroy- 
ing me  for  daring  to  tell  them  of  their  errors, 
and  for  having,  as  before  stated,  protected  all 
the  institutions  entrusted  to  my  care. 

"  The  district  attorney,  in  his  efforts  to  find 
something  to  my  prejudice,  has  not  left  any 
stone  unturned.  He  sent  an  officer  to  bring  a 
sick  man  from  Flushing  to  say  that  I  had  told 


DEFENCE    ON    THE   TRIAL   FOR   FRAUD. 


163 


him  last  October  or  November  that  I  con- 
sidered the  Life  and  Fire  bonds  good,  that  I 
repeated  the  same  thing  to  him  in  April  or 
May,  and  that  I  was  profiting  by  their  purchase 
and  supposed  he  could  not  do  a  better  business, 
and  not  that  I  offered  to  sell  him  any,  either  as 
principal  or  agent. 

"If  the  district  attorney  had  asked  me,  I 
would  have  admitted  that  I  should,  had  I  been 
consulted,  have  expressed  every  day  in  the 
year  the  same  strong  confidence,  down  to  five 
days  prior  to  the  failure  of  the  company.  That 
was  my  opinion  ;  and  I  have  never  been  known 
to  disguise  or  withhold  my  opinion  on  any  sub- 
ject. Mr.  Nevins  has  also  been  called  to  say 
the  same  thing.  To  me  it  is  astonishing,  con- 
sidering the  pains  the  district  attorney  has 
taken,  that  he  could  not  fiud  more  than  two 
persons  to  say  that  I  had  intermeddled  further 
with  this  branch  of  the  business.  Much  stress 
is  laid  on  the  terms  I  used  to  convey  the  con- 
fidence I  felt.  These  two  witnesses  say,  I  said 
I  knew;  I  have  no  recollection  of  having  used 
that  word ;  I  meant  to  convey  the  most  im- 
plicit confidence,  and  may  have  used  it,  but  I 
never  did  intend  to  convey  the  idea  that  I  had 
any  other  knowledge  than  that  derived  from 
the  representations  of  the  officers  of  the  com- 
pany. I  believed,  and  yet  believe,  they  were 
all  sincere  in  their  representations,  and  I  can- 
not think  myself  culpable  for  confiding  therein. 
Neither  witness  intimated  that  they  supposed  I 
meant  anything  beyond  what  I  have  here  stated, 
nor  do  I  believe  such  a  thought  ever  entered 
their  heads;  neither  purchased  in  consequence 
of  my  recommendation;  neither  lost  by  the 
bonds;  neither  complains  of  being  defrauded. 
And  what  better  proof  can  you  have  that  no 
evidence  can  be  found  against  me,  than  the 
shifts  to  which  the  district  attorney  resorts  in 
collecting  together  these  straws  and  feathers 
Might  as  air,'  on  which  to  erect  a  fabric  of 
guilt?  My  principal  offence  appears  to  have 
been  in  inspiring  confidence  by  imrchasing, 
not  selling  those  bonds.  Are  not  Colonel  Fish, 
his  broker,  and  all  other  purchasers  alike 
chargeable  with  the  same  sin,  if  a  sin  it  be? 
_No  one  thinks  of  indicting,  much  less  of  con- 
victing, either  of  them  for  a  conspiracy  be- 
cause thoy  purchased  and  paid  for  those  bonds, 
any  more  than  they  do  of  indicting  or  con- 
victing David  Clarkson,  or  the  numerous  per- 
sons who  had  Fulton  Bank  stock  transferred  to 
them,  which  they  advanced  money  on,  sold, 
paid  for,  or  purchased,  as  best  suited  their 
pleasure  or  convenience.  Thus,  what  is  con- 
sidered perfectly  innocent  in  others,  is  to  be 
considered  a  crime  in  me. 

"  I  beg  you  to  remember,  that  all  my  trans- 
actions with  the  Life  and  Fire  Company  have 
been  of  the  most  simple  character,  down  to  the 
day  of  the  failure,  when  they  appointed  me 
their  attorney  in  fact,  to  make  certain  collec- 
tions for  them.  Since  then,  my  conduct  has 
not  been  called  in  question.     First,  I  lent  them 


money.  Second,  I  sold  for  them  1,500  shares 
Fulton  Bank  stock,  the  account  of  which,  the 
district  attorney  was  pleased  to  say,  he  had  not 
the  least  doubt  was  correct,  when  he  intro- 
duced it  as  evidence.  And  I  did,  at  the  in- 
stance of  one  of  their  directors,  Mr.  Rathbone, 
give  an  obligation  to  deliver  Mr.  Gouverneur 
five  hundred  shares  Tradesmen's  Bank  Stock. 
which  obligation  was  promptly  fulfilled.  It 
was  given  in  consequence  of  the  Western  Com- 
pany (in  which  I  was  an  officer)  having  ad- 
vanced on  eight  hundred  shares,  for  which  they 
had  not  settled  with  Mr.  Rathbone,  and  which 
it  was  not  convenient  for  them  at  the  moment 
to  return.  Here  you  have  all  my  connexion 
with  the  Life  and  Fire  Insurance  Company, 
and  I  would  ask  you  to  say,  in  the  sincerity  of 
your  hearts,  if  I  had  not  a  perfect  right  to  do 
all  these  things,  without  subjecting  myself  to 
the  charge  of  impropriety  of  conduct  or  inten- 
tion. 

"Several  witnesses  testified  that  I  had  been 
in  the  habit  of  regulating  the  price  of  the  bonds 
of  the  Life  and  Fire  Insurance  Company;  but, 
on  being  cross-examined,  they  all  admitted  that 
they  only  meant  that  the  extensive  purchases 
made  by  me  disappointed  them  in  a  portion  of 
the  profits  they  would  have  got  had  I  not  been 
a  competitor  in  the  market.  Hence  the  hos- 
tility of  the  fraternity  of  brokers.  An  attempt 
was  made  to  enlist  your  prejudices  on  account 
of  the  indignation  manifested  by  me  at  the  boy 
being  sent  here  from  the  Morris  Canal  and 
Banking  Company  to  requite  me  for  saving 
that  bank  from  ruin.  And  if  I  should  put  my 
threat,  to  dismiss  that  bank  from  Wall  street, 
into  prompt  and  full  effect,  who  would  blame 
me?  Should  I  not  be  performing  the  duty  of 
a  good  citizen?  Has  it  not  been  abundantly 
proved  that  they  are  conducting  a  banking 
business  in  Wall  street  in  open  violation  of 
the  laws? — thus  depriving  the  State  of  a  tax 
paid  for  the  privilege  of  banking  by  all  the 
incorporated  institutions  in  this  State. 

"  Mr.  Wetmore  stated  that  Messrs.  Brown 
and  Spencer  told  him  that  Mr.  Elckford  and 
myself  had  promised  to  loan  the  Hudson  Insur- 
ance Company  $100,000  ;  that  the  agreement 
was  reduced  to  writing,  but  that  he  had  not 
seen  it.  Let  the  agreement  be  produced  before 
any  bad  faith  is  ascribed  to  me.  Every  promise 
made  to  those  gentlemen  was  honorably  ful- 
filled; and  I  defy  the  district  attorney  to  pro- 
duce a  single  witness  who  shall  say  that  he 
ever  heard  Mr.  Spencer  impute  tome  any  want 
of  compliance;  and,  surely,  after  the  disclosure, 
no  one  will  pretend  that  $100,000  would  have 
saved  the  two  companies. 

"Murray  Hoffman,  esq.,  a  receiver  appointed 
by  the  chancellor  to  receive  the  effects  of  the 
Lifeand  Fire  Companv,  stated  that  that  com  pan  J 
were  indebted  to  me  1 130,000,  of  which  $98,000 
had  been  lent  without  discount  or  commission? 
and  that  the  said  company  wire  indebted 
$80,000  or  $90,000  to  the  Mercantile  Company, 


164 


LIFE    OP   JACOB    BARKER. 


and  $50,000  or  $60,000  to  the  Western  Com- 
pany; and  he  confirmed  all  my  statements 
about  the  securities  received.  And  is  there  a 
man  on  earth  that  would  not  have  obtained  pay 
or  security  for  such  large  debts  if  he  had  an 
opportunity  of  doing  so? 

"Mr.  Mitchel,  and  many  others,  will  prove 
great  and  complicated  employments,  and  the 
most  faithful  conduct.  I  say  these  things  that 
you  may  see  that  others  besides  the  Life  and 
Fire  Insurance  Company  have  deemed  me 
worthy  of  the  most  extensive  agencies. 

"Thaddeus  Phelps  testified  that  Samuel 
Ilicks,  J.  &  C.  Bolton,  and  himself,  had  been 
employed  in  1823  to  negotiate  a  loan  of 
$200,000  or  $300,000  for  sundry  persons  at 
New  Orleans;  that  they  had  endeavored  to 
obtain  it  from  Messrs.  Costers,  Prime,  Hones, 
and  others,  but  that  all  their  efforts  were  un- 
availing; that  application  was  made  to  Mr. 
Barker;  that  he  required  a  fee  of  $5,000;  it 
was  paid  him  ;  he  undertook  the  agency,  was 
successful,  and  most  completely  satisfied  his 
employer,  whose  confidence  in  him  remains 
undiminished. 

"The  district  attorney  endeavored  to  makeR. 
L.  Nevins  say  that  he  had  reasons  for  thinking 
I  knew  about  the  affairs  of  the  Life  and  Fire 
Company,  when  he  expressly  swore  that  he  had 
not  any  other  reason  for  thinking  so  than  the 
freedom  with  which  I  purchased  the  bonds, 
and  the  confidence  I  expressed  in  their  good- 
ness. 

"It  hasbeen  attempted  to  urge  as  a  crime  the 
high  fees  I  charge.  Let  it  be  remembered  that 
it  has  been  proved  that  I  work  at  any  time, 
and  at  all  times,  for  my  acquaintances  when 
required  to  do  so,  without  price  or  pay,  and  with 
equal  zeal  and  fidelity,  as  if  I  were  to  receive 
the  highest  commission.  And  let  it  be  always 
remembered  that  every  man  has  a  right  to  fix 
his  own  price  on  his  own  property,  and  that  a 
man's  faculties  are  his  property,  as  much  as 
his  horse,  or  his  banel  of  sugar.  It  is  the 
very  law  of  our  nature  to  require  pay  for  our 
labor.  No  one  has  been  invited  to  employ  me; 
and  those  who  have  were  told  my  terms  at  the 
commencement,  and  not  surprised  into  a  large 
claim  after  the  service  had  been  performed. 

"  At  length  out  comes  a  mighty  volcano, 
which  is  to  envelope  and  burn  up  the  life  of 
these  defendants  without  Jire.  'The  bonds 
have  been  ante-dated  for  the  purpose  of  con- 
cealing this  stupendous  fraud,'  said  the  district 
attorney.  'Those  issued  only  last  May  and 
June  are  dated  in  1823.'  Tremendous!  Only 
think  of  the  bonds  being  antedated.  But, 
gentlemen  of  the  jury,  allow  me  to  remind  you 
of  the  facility  witli  which  I  put  all  his  squad- 
rons to  flight  in  relation  to  the  matter,  by  de- 
siring the  witness  to  turn  over  a  few  pages  of 
the  Life  and  Fire  books,  and  tell  you  the  history 
of  those  bonds  thus  ante-dated,  when  it  turned 
out  that  the  Life  and  Fire  had  issued  to  Jacob 
Barker,  as  agent  for  William  Kenner  &  Co.,  of 


New  Orleans,  on  the  5th  September,  1823,  a 
bond  for  $2,000,  payable  in  three  years.  That 
Jacob  Barker  held  it  until  May,  1826,  when  he 
returned  it  to  the  office  and  took  in  exchange 
for  it  two  bonds,  each  for  $1,000,  bearing  equal 
date  with  the  original  bond,  and  payable  on 
the  same  day  that  it  became  payable;  and  it 
is  hardly  necessary  for  me  to  tell  you  that  no- 
thing is  more  common  in  the  mercantile  world 
than  when  a  note  is  found  too  large,  to  have  it 
divided,  preserving  the  original  date  and  time, 
and  would  it  be  fraudulent  to  return  a  hundred 
dollar  bank  note  to  the  bank  that  had  issued 
it,  and  take  in  lieu  thereof  two  notes  of  fifty 
dollars  each,  or  one  hundred  one  dollar  notes, 
because  these  new  notes  bore  the  same  date 
with  the  one  hundred  dollar  bill  given  in  ex- 
change for  them  ? 

"Gentlemen,  my  losses  in  foreign  business, 
together  with  the  money  due  from  the  govern- 
ment, were  the  causes  of  the  misfortunes  of 
the  Exchange  Bank  in  1819 — since  that  time 
I  have  labored,  and  that  too  with  great  success, 
for  the  payment  of  the  debts  of  that  bank,  and 
of  the  Washington  and  Warren  Bank.  The 
debts  of  the  latter  were  all  paid,  and  its  credit 
re-established  more  than  two  years  ago,  and 
the  Exchange  Bank  notes  are  nearly  all  re- 
deemed from  my  new  earnings. 

"  Gentlemen,  if  I  am  to  be  convicted,  I  pray 
that  it  may  be  for  something  you  understand ; 
that  you  do  not  allow  a  mystery  so  wrought  up 
to  induce  you  to  infer  fraud  on  account  of  such 
mystery.  I  have  been  denominated  a  myste- 
rious man,  the  most  mysterious  man  of  the 
age.  It  has  been  so  published  in  the  daily 
papers.  Prejudicial  as  such  a  character  may 
be,  there  is  to  be  found  in  it  food,  delicious 
food  for  the  vanity  of  man,  for  we  all  delight 
to  be  thought  to  possess  great  intellectual 
powers,  and  so  great  a  share  of  vanity  has  fal- 
len to  my  lot  that  I  would  plead  guilty  to  that 
charge  if  I  was  to  be  the  only  sufferer.  But 
as  it  may  operate  against  the  other  defendants 
as  well  as  all  those  connected  with  me  by  blood 
or  feeling,  I  cannot  consent  to  feast  alone  on 
that  delicate  morsel,  knowing  as  I  do  that  no 
one  else  can  share  with  me  in  its  delusive  en- 
joyment. Therefore,  gentlemen,  I  deny,  bold- 
ly deny,  that  there  is  any  mystery  about  me, 
and  I  put  it  to  you  to  decide  whether  every 
thing  that  has  come  out  has  not  been  of  the 
most  frank,  open,  and  candid  character.  Has 
there  been  the  least  appearance  of  trick,  arti- 
fice, or  device  in  a  single  one  of  the  many 
transactions  which  have  come  under  your  no- 
tice on  this  trial?  Have  I  not  told  every  wit- 
ness to  tell  all  he  knew,  as  well  as  all  he  be- 
lieved? Has  not  my  conduct  throughout  sus- 
tained the  first  declaration  I  made,  '  let  every 
thing  come  out,  if  I  have  been  guilty  let  the 
world  know  it.'  History  tells  us  that  the 
Quakers  were  once  put  to  death  in  our  own 
country,  on  account  of  the  mysteries  of  their 
religion,  and  that  in  all  ages  religious  sects  of 


DEFENCE    ON    THE   TRIAL   FOR   FRAUD. 


1G5 


every  denomination  have,  in  turn,  fallen  victims 
to  the  dominant  church  on  account  of  the  mys- 
teries of  their  religion.  Every  thing  not  un- 
derstood by  short-sighted  men  was  considered 
as  evidence  of  an  evil  spirit,  and  made  the  pre- 
text for  putting  the  innocent  and  the  unoffend- 
ing believer  to  death,  for  the  single  reason  that 
he  attended  to  the  manifestations  of  truth  in 
his  own  mind. 

u  Now,  I  trust  in  God,  that  those  clays  of  dark- 
ness and  delusion,  those  days  of  murder  and 
rapine,  have  passed  away,  and  that  they  are 
not  to  be  brought  back  in  this  enlightened  a^e, 
and  under  our  happy  form  of  government,  when 
it  is  our  pride  and  boast  that  the  human  mind 
has  been  emancipated,  and  that  reason  and 
justice  reign  triumphantly  as  well  in  our  courts 
of  law  and  justice  as  in  our  legislative  halls 
and  sanctuaries  of  religion.  Again,  I  repeat, 
if  I  am  to  be  convicted,  let  it  be  for  something 
you  understand,  and  not  because  the  district 
attorney  may  so  envelope  in  mystery  and  dark- 
ness any  particular  transaction  that  you  cannot 
clearly  see  its  purity. 

"My  negotiations  have  been  with  Mr.  Eck- 
ford.  I  am  not  conscious  of  meriting  the  cen- 
sure of  any  one,  but  on  the  contrary,  consider 
myself  entitled  to  the  praise  of  'well  done, 
good  and  faithful  servant.'  Be  that  as  it  may, 
I  hope  that  Mr.  Eckford  will  not  be  made  to 
suffer  for  any  errors  of  mine,  if  errors  there 
have  been.  If  so,  it  will  be  more  painful  to  me 
than  all  I  have  suffered  or  may  suffer. 

"  And  here  I  beg  leave  to  ask  who  is  Henry 
Eckford?  Is  he  a  needy  adventurer?  Is  he  a 
a  stock  speculator  and  a  schemer?  No,  gen- 
tlemen, he  is  a  man  who,  by  his  mechanical 
skill,  industry,  and  enterprise,  has  raised  the 
character  of  our  country.  Within  the  last  year 
he  has  built,  fitted  out,  and  equipped  four 
sixty-four  gun  ships.  He  has  been  the  means 
of  bringing  nearly  two  millions  of  dollars  into 
this  country;  not,  gentlemen  of  the  jury,  the 
fruits  of  stockjobbing  and  other  speculations, 
but  of  honest  industry.  It  has  been  earned  by 
the  hewer  and  feller  of  timber,  the  ship  car- 
penter, the  smith,  and  artizans  in  general. 
This  money  i3  the  fruits  of  such  enterprise  as 
no  mechanic  has  ever  before  displayed.  In  his 
case  you  have  heard  of  no  exorbitant  commis- 
sions, no  disputes  with  agents,  no  quarrels 
with  foreign  governments,  no  refusing  to  settle 
differences,  nor  any  compromise  by  which  one 
ship  was  to  be  sacrificed  for  the  other.  Who, 
I  ask  again,  is  Henry  Eckford?  He  is  the 
same  who,  during  the  late  war,  when  the  storm 
howled  along  the  frontier,  built  our  fleets,  those 
fleets  which  led  to  victory,  and  covered  the 
nation  with  glory.  This  is  the  man,  gentlemen, 
whom  it  is  sought  to  immolate.  And  who,  gen- 
tlemen of  the  jury,  may  I  be  allowed  to  ask,  is 
Jacob  Barker?  He  is  the  man  who,  (and  it  is  a 
matter  of  historic  record,)  during  the  darkest 
periods  of  that  war,  furnished  the  sinews  of 
that  war.     He  furnished   the    money  without 


which  those  fleets  could  never*  have  been 
equipped  ;  without  which  the  army  could  not 
have  been  fed  or  clothed,  and  without  which 
even  the  bounty  to  the  recruits  could  not  have 
been  paid.  It  was  not  all  his  own  money, 
gentlemen,  but  when  the  rich  and  fearful  drew 
close  their  purse  strings,  Jacob  Barker,  by  the 
exercise  of  that  talent  for  which  he  is  here 
arraigned,  brought  capitalists  together,  and 
effected  arrangements  by  which  five  millions 
were  cast  into  the  treasury.  Such  was  Jacob 
Barker  during  that  memorable  period — such  is 
the  man  who  has  now  been  arraigned  here  by 
a  co.nbination  of  rogues,  who  would  run  away 
by  the  light  of  the  funeral  pile  upon  which  they 
would  be  happy  to  see  him  consumed. 

"  Whether  the  conspiracies  alleged  in  the 
bill  of  indictment  have  taken  place  or  not,  or 
whether  the  frauds  have  been  committed  or 
not,  has  nothing  to  do  with  my  defence  so  long 
as  I  had  not  the  least  participation  therein. 
Hence  it  follows  that  the  district  attorney  must 
request  you  to  acquit  me  without  leaving  your 
seats,  or  he  must  expect  you  to  convict  me  for 
having  sold  1,500  shares  Fulton  Bank  stock 
for  account  of  the  Life  and  F'ire  Insurance 
Company,  and  accounting  therefor  to  the  satis- 
faction of  all  parties  ;  for  having,  as  the  assist- 
ant president  of  the  Western  Insurance  Com- 
pany, advanced  money  on  800  shares  of  Trades- 
men's Bank  stock,  and  given  them  back  in 
exchange  for  other  securities,  at  the  instance  of 
the  persons  for  whom  they  were  received  ;  for 
having,  in  the  most  honorable  manner,  effected 
the  most  salutary  change  in  the  direction  of  the 
Fulton  Bank;  for  having,  by  the  loan  of  all 
the  money  I  could  raise,  endeavored  to  save 
from  insolvency  the  Life  and  Fire  Insurance 
Company;  or  for  having  preserved  from  failure 
the  Morris  Canal  and  Banking  Company,  and 
also  the  Fulton  Bauk.  This  I  aver  to  be  what 
I  have  done  in  the  premises,  and  that  there  is 
not  a  particle  of  testimony  to  connect  me  with 
any  of  the  frauds  complained  of,  nor  could 
there  with  truth  have  been  any  such  evidence, 
as  I  had  not  the  least  connexion  therewith. 
But  you  have  seen  other  conspiracies  on  the 
part  of  my  accusers  brought  to  light  in  the 
course  of  this  tedious  investigation,  viz  : 

"To  get  possession  of  the  Morris  Canal  and 
Banking  Company,  through  the  instrumentality 
of  the  $10,000  post  note  of  the  PhoBniz  Dank. 

"To  cheat  me  more  than  once  in  the  ap- 
pointment of  directors  for  the  Fulton  Bank. 

"To  apply  the  funds  of  the  bank  to  the  pri- 
vate purposes  of  the  two  presidents. 

"  To  induce  me  to  loan  money  to  a  company 
known  to  be  insolvent. 

"To  palm  off  on  me  Fulton  Bank  stock  to  a 
ruinous  amount  at  80,  by  some  of  its  directors 
and  their  associates,  after  they  knew  of  the  re- 
cent losses  of  the  bank. 

"To  procure  my  conviction  at  every  hazard, 
that  I  might  be  disqaaKfli  i  iving  testi- 

mony against  the  guilty  offenders. 


166 


LIFE   OF   JACOB   BARKER. 


It  was  new  ten  o'clock,  when  Mr.  B.  in- 
formed the  court  that  he  was  very  much  ex- 
hausted, and  asked  an  adjournment.  The 
court  refused,  saying  his  argument  must  be 
closed  that  night.  Mr.  Barker  replied  that  he 
•wished  time  to  collect  his  thoughts,  and  would 
stipulate  not  to  occupy  the  court  more  than 
ten  or  fifteen  minutes  at  its  opening  in  the 
morning.  The  court  replied  "  Your  argument 
must  be  closed  this  night,"  when  Mr.  Barker 
resumed,  saying: 

"  This  detail  might  be  extended  much  fur- 
ther were  I  not  restricted  in  time, 

"To  David  Leavitt,  principally,  am  I  to 
charge  this  indictment.  He  has  followed  me 
like  a  demon  ;  he  waited  at  the  jury-room  till 
I  was  denounced;  he  produced  all  these  books 
and  papers ;  he  has  stood  forth  and  said  that  I 
defrauded  the  Fulton  Bank,  knowing  that  there 
had  been  no  fraud  in  my  transactions,  that  I 
had  saved  the  bank  from  failure;  he  sits  at  this 
moment  at  the  elbow  of  the  district  attorney, 
and  whispers  him  what  question  to  ask ;  and 
with  a  keen  eye  he  watches  the  progress  of 
this  case,  as  the  mother  watches  the  unfold- 
ings  of  her  babe." 

Benj .  F.  B  utler,  esq.,  made  a  very  lucid  and  logi- 
cal closing  speech ;  among  other  things,  he  said : 

"  It  is  known  to  you  gentlemen  of  the  jury, 
that  I  was  introduced  into  this  cause,  and  have 
hitherto  appeared  in  it  as  one  of  the  counsel 
associated  in  the  defence  of  Mr.  Eckford  ;  my 
learned  associates  will  render  him  all  the  aid 
his  case  requires,  and  with  his  consent  I  have 
yielded  to  the  request  of  Mr.  Barker  to  present 
his  case;  you  will  therefore  consider  me  as  ad- 
dressing you  exclusively  in  his  behalf,  and  you 
will  consider  hirn  in  thus  committing  his  de- 
fence to  a  junior  counsel,  and  that  counsel  a 
stranger,  as  giving  the  highest  evidence  he 
could  give  of  his  confidence  in  the  justice  of 
his  cause,  and  in  the  intelligence  and  imparti- 
ality of  those  by  whom  it  is  to  be  decided.  In 
that  confidence,  I  can  truly  say,  I  fully  partici- 
pate ;  yet  it  would  be  affectation  to  deny  that  I 
enter  on  the  duty  assigned  me  with  the  live- ' 
liest  solicitude.  Not  that  I  have  found  any- 
thing in  all  that  mass  of  testimony  that  has 
been  laid  before  you  to  shake  my  faith  in  the 
innocence  of  my  client.  No,  'tis  neither  the 
evidence  nor  the  learned  counsel  by  whom  it 
is  to  be  enforced  that  I  fear.  I  have  other  and 
more  formidable  antagonists.  Rumor,  with 
her  ten  thousand  tongues,  and  prejudice  and 
calumny  are  all  arrayed  against  my  client. 
Interested  men — men  who  have  been  disap- 
pointed in  their  hopes  of  gain,  brokers,  bond- 
holders, and  stockholders,  all,  all  have  united  in 
a  crusade  against  him.  It  has  suited  the  pur- 
poses of  certain  individuals,  whose  names  and 
motives  have   been   dragged  to   light  in  the 


course  of  this  investigation,  to  charge  on  Mr. 
Barker  all  the  evils  of  a  financial  nature  that 
have  recently  fallen  on  this  community.  By 
open  maledictions,  or  insidious  appeals  to  the 
worst  passions  of  our  nature;  by  the  most  ex- 
travagant tales  concerning  his  connexion  with 
the  companies  that  failed,  and  the  profits  al- 
leged to  have  been  realized  therefrom  ;  by  ex- 
citing the  jealousy  of  the  suspicious,  and  the 
hatred  of  the  ignorant,  they  hoped  to  bring 
down  upon  his  head  a  storm  of  popular  indig- 
nation that  should  desolate  him  in  its  fury  and 
destroy  him  forever.  To  a  considerable  extent 
their  efforts  were  successful.  The  multitude  of 
bondholders  and  stockholders  involved  in  the 
recent  failures,  was  more  or  less  imposed  upon 
by  the  artifices  I  have  mentioned,  and  with 
them  the  clamor  became  too  general. 

"Emboldened  by  their  success  without  doors, 
the  leaders  of  this  conspiracy  had  the  audacity 
to  pursue,  even  to  this  sanctuary  of  justice,  and 
within  these  sacred  walls,  their  intended  victim. 
Yes,  gentlemen,  availing  themselves  of  occa- 
sions when  the  honest  public  was  excluded,  and 
when  this  hall  was  filled  with  the  prosecutors, 
witnesses,  and  others  equally  interested  in  the 
conviction  of  the  defendants;  and  governed  by 
the  same  spirit  that  inflames  the  ferocious 
savage,  when  he  utters  the  yell  of  triumph  in 
the  ears  of  a  foe,  prostrate  at  his  feet,  or  bound 
to  the  blazing  tree ;  they  dared,  once  and  again, 
in  a  manner  the  most  reprehensible,  to  inter- 
rupt the  solemnities  of  this  trial,  and  to  exult 
in  the  anticipated  martyrdom  of  my  devoted 
client,  in  the  vain  hope  that  you  could  be  over- 
awed by  such  nefarious  attempts. 

"  Gentlemen,  I  know  that  you  cannot  be  in- 
fluenced by  such  exhibitions;  but,  at  the  same 
time,  I  frankly  confess  to  you,  that  I  am  not 
without  my  fears  that  the  prejudices  and  pas- 
sions that  rage  without,  may  find  their  way  into 
this  jury  box.  When  I  say  this,  let  no  one  of 
you  understand  me  as  distrusting  his  judgment 
or  his  integrity.  I  have  the  most  unlimited 
confidence  in  both.  I  perceive  you  to  be  intel- 
ligent, and  though  a  stranger  to  all  of  you,  I 
believe  you  to  be  upright.  I  know  you  will 
make  a  great  effort  to  rise  above  all  extraneous 
considerations;  and  such  is  the  trust  I  repose 
in  your  love  of  justice,  that  I  am  persuaded,  if 
you  should  once  suspect  that  your  minds  were 
about  to  become  the  prey  of  prejudice,  you 
would  expel  the  demon  from  your  bosoms,  and 
fly,  as  it  were  with  horror,  from  your  very 
selves.  But,  alas,  you  were  created  men,  be- 
fore you  were  appointed  to  be  jurors,  and  he 
knows  but  little  of  the  human  heart,  who  does 
not  know,  that  prejudices  the  most  unfounded 
and  pernicious  may  be  entertained  in  ignorance, 
and  even  cherished  as  virtues.  You  will,  there- 
fore, bear  with  me,  my  friends,  when  I  tell  you 
that  I  have  but  one  lingering  apprehension  for 
the  safety  of  my  client,  and  that  is,  lest  you 
should  unconsciously  imbibe  the  poison  that  has 
been  so  widely  diffused;  and  you  will  join  me 


DEFENCE   ON    THE   TRIAL   FOR   FRAUD. 


1G7 


in  supplicating  the  Father  of  Lights,  that  he 
may  guide  your  deliberations,  and  arm  you 
against  error,  and  save  you  from  prejudice ;  so 
that  in  discharging  the  awful  trust,  which  in 
his  Providence  has  devolved  on  you,  you  may 
imitate — though  at  infinite  distance  and  with 
much  imperfection — his  own  unerring  and  im- 
partial justice! 

"  In  the  course  of  my  remarks  I  shall  endeavor 
to  guard  you  against  some  of  those  considera- 
tions which  are  most  likely  to  mislead;  but 
there  is  one  against  which  I  feel  it  my  duty  to 
warn  you  at  the  very  outset.  An  idea  has  gone 
abroad,  that  stupendous  frauds  have  been  com- 
mitted in  the  recent  failures  of  your  monied  in- 
stitutions, and  that  public  justice  demands  the 
punishment  of  some  one. 

'•'But  however  this  may  be,  it  is  obvious  that 
these  vague  impressions  that  wrong  has  been 
committed,  and  this  thirst  for  vengeance,  is 
calculated  to  operate,  in  a  thousand  forms,  to 
the  great  injury  of  whosoever  may  chance  to 
be  accused  as  the  author  of  that  wrong;  and 
in  no  way  more  effectually,  than  by  incliniug 
judges  and  jurors  to  regard  the  prosecution  in  a 
favorable  light. 

"Attempts  have  already  been  made,  and  they 
will  doubtless  be  repeated,  to  impress  it  on  your 
minds  that  this  prosecution  is  entitled  to  your 
favor;  and  lest  you  should  chance  to  have  im- 
bibed such  an  impression,  I  be»  to  direct  your 
attention  to  the  motives  in  which  it  originated, 
to  the  form  in  which  it  has  been  preferred,  and 
to  the  mode  in  which  the  public  prosecutor  has 
attempted  to  sustain  it.  A  brief  consideration 
of  these  three  topics,  will  enable  you  to  deter- 
mine how  much  encouragement  it  should  re- 
ceive at  the  hands  of  an  honest  jury. 

"  1.  The  motives  in  which  it  originated. 
To  discover  these  we  should  know  the  names 
of  the  persons  who  made  the  accusation  to  the 
grand  jury.  In  that  country  from  which  we 
derived  our  jurisprudence,  no  man  can  be  put 
on  trial  without  a  copy  of  the  indictment  and 
a  list  of  the  witnesses  by  whose  oath  it  was 
obtained.  This  salutary  practice  is,  in  this 
State,  too  generally  neglected.  It  has  not 
been  adopted  in  the  present  case.  We  must, 
therefore,  select  the  instigators  of  this  proceed- 
ing from  among  the  prosecutor's  witnesses. 
Of  the  witnesses  called  by  the  district  attorney 
many — such,  for  example,  as  Mr.  Catlin,  Mr. 
Nevins,  Mr.  Fleming,  and  others — had  no  con- 
nexion with  the  institutions  alleged  to  have 
been  defrauded,  but  were  produced  for  the 
mere  purpose  of  proving  independent  facts 
nowise  suspicious  in  themselves,  and  never  till 
now  the  subject  of  complaint.  They  were  not 
the  prosecutors.  Others  were  connected  with 
the  defendants,  or  some  of  them,  by  the  ties  of 
friendship  or  of  business.  They  also  were  not 
the  prosecutors.  Now,  when  you  select  from 
the  witnesses  on  the  part  of  the  prosecution 
those  who  belong  to  the  two  classes  I  have 
named,  all  that  remain  have  either  strong  per- 


sonal enmities  towards  some  or  all  of  the  de- 
fendants, or  are  deeply  interested  in  the  insti- 
tutions alleged  to  have  been  defrauded,  or  in 
the  employment  of  those  institutions,  or  have 
lost  money  by  those  that  have  failed.  Let  us 
run  over  the  list:  Mr.  Crane,  secretary  of  the 
Mechanics'  Company;  McCulloch,  the  worthy 
commissioner  of  the  Morris  Canal  Bank,  who 
would  convict  his  brother  commissioners  as 
conspirators  for  doing  that  which  his  own  con- 
spiracy rendered  necessary  ;  Mr.  Gilchrist, 
cashier  of  the  Morris  Bank,  and  several  of  its 
directors ;  Mr.  Cheesebrough,  who  has  long 
had  his  difficulties  with  two  of  the  defendants 
Leavitt,  the  president  of  the  Fulton  Bank  ;; 
Sprague,  his  clerk ;  St.  John,  the  youth  who 
was  sent  here  by  Clarkson  and  Reed ;  Clark- 
son  and  Reed  themselves ;  Falls,  the  cashier 
of  the  Tradesmen's  Bank;  the  pugnacious  Mr. 
Dyatt,  and  the  whole  corps  of  bondholders  and 
stockholders.  Some,  or  all  of  these,  it  is  rea- 
sonable to  infer,  are  the  real  complainants. 
Without  their  oaths  the  prosecution  could  not 
have  breathed  an  hour.  You  see,  then,  that 
the  substratum  of  this  prosecution  has  been 
laid  by  the  testimony  of  witnesses  under  the 
double  bias  of  personal  animosity  and  private 
interest.  But  you  will  be  told  that  all  criminal 
proceedings  are  to  be  commenced  by  the  com- 
plaint, and  generally  to  be  supported  by  the 
oath  of  the  party  injured.  This  is  true,  and 
when  the  prosecution  springs  from  a  real 
desire  to  advance  the  cause  of  justice,  the 
public  good  requires  that  you  should  act, 
though  even  then  with  caution,  on  the  evidence 
of  those  whose  property  or  whose  persons  have 
been  the  subject  of  depredations.  But  the 
present  is  no  such  case.  It  is  the  offspring  of 
feelings,  motives,  and  designs  altogether  per- 
sonal. Many  of  the  witnesses  have  shown 
this  by  their  testimony  or  their  conduct  whilst 
under  examination.  As  to  McCulloch,  Leavitt 
Sprague,  Dyatt,  and  several  others,  this  wa  i 
too  palpable  to  escape  your  observation.  03 
the  bondholders,  one  and  all,  I  risk  nothing  in 
asking  you  whether  there  is  one  of  them  who," 
if  he  could  have  obtained  his  money,  though 
at  the  expense  of  every  other  creditor,  would 
not  gladly  have  taken  it  and  remained  quietly 
at  home,  without  dreaming  of  conspiracies  or 
appealing  to  public  justice. 

"  2.  I  request  your  attention  to  the  form 
which  has  been  given  to  this  prosecution. 
Unless  I  am  deceived  you  will  find  it  such  as 
to  demand  your  unqualified  condemnation. 
To  enable  you  to  understand- it  I  must  detail 
the  facts.  On  the  12th  of  August  last  the 
grand  jury  presented  an  indictment  against 
Messrs.  Eckford,  Swift,  Rathboue,  and  \'<r- 
milyea,  for  conspiring  to  defraud  the  Morris 
Canal  and  Fulton  Banks.  That  indictment 
was  founded  on  the  fraud  alleged  to  have  been 
committed  in  the  exchange  of  stocks,  one  of 
the  principal  subjects  of  the  present  investiga- 
tion.    The  defendants  appeared,  pleaded,  and 


168 


LIFE   OF   JACOB   BARKER. 


demanded  an  immediate  trial.  A  trial  was 
promised,  but  was  deferred  by  the  court  from 
want  of  time  and  the  pressure  of  business. 
On  the  loth  of  the  same  month  an  indictment 
was  found  against  the  four  persons  just  named, 
together  with  Messrs.  Spencer  and  Brown  and 
the  cashier  of  the  Morris  Bank,  Mr.  Talman, 
for  a  conspiracy  to  defraud  the  Morris  Canal 
Bank  and  the  Fulton  Bank.  This  indictment 
was  founded  on  the  same  transactions  as  the 
former.  On  the  same  day,  or  the  next,  an 
indictment  was  found  against  John  Franklin 
and  Messrs.  Eckford  and  Vermilyea,  for  a  con- 
spiracy to  defraud  the  Mechanics'  Insurance 
Company,  embracing  the  same  subject  matter, 
so  far  as  that  institution  is  concerned,  that  is 
now  the  subject  of  enquiry.  A  fourth  indict- 
ment was  presented  against  Messrs.  Spencer 
and  Brown,  together  with  Leggett  and  Oakley, 
clerks  in  the  Fulton  Bank,  for  a  conspiracy  to 
defraud  that  institution  by  those  overdrawings, 
of  which  you  have  heard  so  much  in  the  course 
of  the  present  trial.  And  by  the  same  grand 
jury  a  fifth  indictment  was  preferred  against 
Mr.  Davis,  in  conjunction  with  Messrs.  Reed, 
Governeur,  and  Cox,  for  a  conspiracy  to 
defraud  the  Tradesmen's  Bank,  in  the  various 
transactions  which  have  been  given  in  evidence 
before  you.  All  these  indictments  are  yet 
pending  and  untried. 

"Thus  you  perceive,  gentlemen  of  the  j  ury,  that 
every  branch  of  the  present  accusation  had  been 
made  the  subject  of  separate  prosecutions  be- 
fore the  present  indictment  was  preferred  ;  and 
that  all  the  parties  now  on  trial,  with  a  single 
exception,  had  been  charged  in  one  or  other  of 
the  proceedings  I  have  mentioned.  That  ex- 
ception, however,  did  not  spring  from  any  favor 
on  the  part  of  the  public  prosecutor — it  was 
my  client,  Jacob  Barker.  Another  grand  jury 
was  summoned,  and  such  was  the  increase  of 
prejudice,  or  of  testimony,  that  he  who  in  Au- 
gust was  untouched  by  a  single  accusation,  was 
indicted  in  September  as  a  party  to  all  the  con- 
spiracies charged  in  five  several  indictments  ! 
But  mark  the  course  of  the  public  prosecutor. 
Instead  of  finding  five  new  indictments  and  in- 
cluding in  each  the  name  of  Jacob  Barker,  one 
general  indictment  is  found  against  him  and  his 
seven  co-defendants,  comprehending  not  only 
all  the  conspiracies  embraced  in  the  former 
prosecutions,  but  adding  to  the  institutions  al- 
leged to  have  been  defrauded  the  '  Life  and 
Fire,  and  the  stockholders  thereof.'  Under 
this  last  indictment,  the  defendants  have  been 
required  to  answer  in  the  gross  for  all  the 
transactions  they  have  had  for  the  last  three 
years  with  either  of  the  institutions  enumera- 
ted ;  and  that,  too,  whether  jointly,  singly,  or 
in  pairs,  with  each  other,  or  with  parties  not 
on  trial. 

"  This  form  of  prosecution  is  not  only  ex- 
tremely inconvenient,  but,  in  my  judgment, 
was  adopted  without  necessity.  The  defend- 
ants, with  the  exception  of  Mr.  Barker,  could 


have  been  tried  under  the  former  indictments-. 
If  there  was  ground  to  charge  him,  new  bills 
could  have  been  preferred,  and  his  name  insert- 
ed in  each.  If  there  was  ground  to  charge  the 
whole  eight,  their  names  could  have  been  in- 
serted in  each  bill.  In  either  case  their  trials 
would  have  been  confined  to  acts  affecting 
some  particular  institution  ;  each  trial  would 
have  been  kept  within  moderate  limits  as  to 
time;  and  justice  might  have  been  administer- 
ed impartially,  understandingly,  and  without 
embarrassment  or  doubt.  The  course  pursued, 
on  this  occasion,  was  not  only  unnecessary,  but 
unprecedented.  Let  the  counsel  for  the  prose- 
cution produce  its  parallel  if  they  can.  Let 
them  ransack  our  judicial  records  from  the 
earliest  period  of  the  common  law  to  the  pre- 
sent hour,  and  they  will  find  none.  No,  not 
even  in  the  days  of  Jeffreys,  nor  among  the 
Irish  state  prosecutions. 

"  You  may  think  this  but  idle  declamation. 
Advert  then,  I  beseech  you,  to  the  evils  that 
have  flowed  from  the  blending  together  of  so 
many  subjects  of  accusation.  It  has  protract- 
ed this  trial  to  a  length  hitherto  unparalleled 
in  this  State.  It  has  plunged  us  into  an  ocean 
of  evidence,  through  which  none  but  a  skilful 
pilot  can  steer  in  safety.  No  human  memory, 
unaided  by  notes,  can  retain  the  details  of  the 
testimony  you  have  heard.  Your  situation 
would  not  permit  you  to  take  notes,  and  you 
are  therefore  obliged  to  rely  on  memory,  or  the 
statements  of  others.  With  all  the  helps  you 
may  receive,  with  all  your  circumspection,  there 
is  great  danger  that  you  may  err.  It  is  the  pre- 
rogative of  heaven  to  review  the  complicated 
acts  of  a  busy  life,  and  to  determine  of  the 
whole,  whether  it  demands  punishment  or  re- 
ward. Man  can  only  judge  of  separate  trans- 
actions; and  the  rule  that  forbids  multifarious- 
ness in  judicial  proceedings,  is  not  only  intend- 
ed to  promote  the  attainment  of  truth,  but  is 
rendered  indispensable  by  the  imperfection  of 
our  nature.  This  mode  of  prosecution  has 
also  subjected  you  to  a  severe  trial.  The  inter- 
ests of  the  defendants,  being,  in  most  cases, 
really  distinct,  and  sometimes  in  opposition, 
they  were  obliged  to  employ  separate  counsel, 
who  have  worn  out  your  patience,  even  in  the 
necessary  discharge  of  their  duties.  Nor  is 
this  all ;  Mr.  Barker  has  omitted  to  call  more 
than  thirty  witnesses,  who  were  summoned,  but 
not  examined,  lest  he  should  prolong  your  im- 
prisonment, and  render  insupportable  the  priva- 
tions you  have  suffered.  The  defendants  have 
also  been  deprived  of  their  constitutional  right 
to  call  each  other  as  witnesses,  in  regard  to 
many  of  those  transactions  which  are  now  the 
subjects  of  accusation.  But  two  of  the  de- 
fendants, Messrs.  Eckford  and  Vermilyea,  are 
implicated  in  the  fraud  alleged  to  have  been 
practiced  on  the  Mechanics'  Company.  Brown 
and  Spencer  are  the  only  persons  now  on  trial, 
who  are  implicated  in  the  overdrawings  of  the 
Fulton  Bank ;  but  then  there  is  not  a  particle 


DEFENCE    ON    THE   TRIAL   FOR    FRAUD. 


169 


of  evidence  to  connect  them  with  the  Morris 
Canal,  the  Tradesmen's  Bank,  the  Mechanics1 
Company,  or  the  Life  and  Fire.  As  to  all  those 
subjects,  they  may  have  known  facts  of  vital 
importance  to  their  co-defendants.  If thetrans- 
actions  connected  with  the  several  institutions 
alleged  to  have  been  defrauded  had  been  sepa- 
rately examined,  as  they  ought  to  have  been, 
those  of  the  defendants  who  were  not  affected 
by  the  testimony  would  have  been  acquitted  at 
once,  and  might  have  been  called  as  witnesses 
for  the  others.  By  linking  them  together  in 
the  present  indictment,  and  including  in  that 
indictment  so  many  distinct  transactions,  this 
has  been  prevented  ;  because  there  is  no  one 
of  the  defendants  who  is  not  affected  by  some 
portion  of  the  evidence.  Once  more — by  coup- 
ling together  these  eight  defendants,  they  are 
brought  to  trial  for  the  acts  they  have  really 
committed,  under  such  circumstances  as  neces- 
sarily to  be  prejudiced  by  the  acts  of  others. 
Mr.  Barker  had  no  connexion  whatever  with 
the  Mechanics'  Company,  nor  with  the  over- 
drawings  of  the  Fulton  Bank,  and  yet  he  is  to 
answer  for  his  own  sins  in  conjunction  with  the 
sins  of  others.  We  read  in  classic  fable,  of  a 
tyrant  who  bound  together  the  living  and  the 
dead,  and  buried  both  in  one  common  grave. 
This  prosecution  proceeds  on  the  same  princi- 
ple, but  its  cruelty  is  more  refined.  The  crime 
of  the  despot  was  not  cloaked  under  the  pre- 
tence that  both  were  dead ;  but  when  your  ver- 
dict shall  have  bound  together  the  guilty  and 
the  innocent,  the  record  will  make  you  say, 
and  say  upon  your  oaths,  that  each  was  guilty 
of  defrauding  all  the  parties,  political  and  natu- 
ral, named  in  the  indictment.  Yes!  if  you  con- 
vict my  client,  the  record  will  make  you  say, 
that  he  conspired  to  defraud  the  Mechanics' 
Insurance  Company,  when  you  know  in  your 
consciences,  that  in  that  respect,  at  least,  this 
indictment  is  untrue. 

"  Thus,  gentlemen,  you  perceive  that  I  spoke 
not  lightly,  when  I  complained  of  the  form 
which  had  been  given  to  this  prosecution.  Why 
these  parties  were  put  upon  trial  at  the  same 
time,  for  so  many  distinct  acts,  it  is  not  for  me 
to  say.  Was  it  done  to  prevent  them  from 
calling  each  other  as  witnesses,  and  explaining 
what  is  now  said  to  be  inexplicable?  I  hope 
there  was  no  such  motive.  Was  it  done  in  the 
belief,  that  by  connecting  together  a  thousand 
distinct  transactions  of  various  hue,  some  in- 
nocent and  some  doubtful,  the  good,  the  bad, 
and  the  indifferent;  was  it  hoped,  that  by 
blending  all  in  one  undistinguishable  mass, 
you  might  be  induced  to  say  of  the  whole  lump, 
it  is  bad,  and  fit  only  to  be  condemned?  Was 
that  the  object?  Or  was  it  hoped  that  the 
defendants,  goaded  on  by  their  desire  to  pro- 
tect themselves,  or  jostling  amid  their  conllic- 
ing  interests,  might  mutually  contribute  to  the 
ruin  of  each  other?  Was  this  the  charitable 
motive? 


"3.  I  pass  to  the  third  topic  I  proposed  to 
discuss — the  manner  in  which  this  prosecution 
has  been  attempted  to  be  sustained.  I  mean 
not,  in  this  place,  to  enter  into  details.  I 
only  intend  to  call  your  attention  to  some  of 
the  prominent  features  of  this  trial — features 
of  strong  mark,  which  give  character  to  the 
cause.  And  first  of  all,  I  remind  you  of  the 
females,  some  of  them  clad  in  the  habiliments 
of  woe,  that  were  brought  here  to  tell  you  of 
their  losses  as  bondholders  or  stockholders  of 
the  Life  and  Fire.  Why  were  these  respect- 
able persons  dragged  from  their  firesides,  their 
domestic  avocatious,  their  children  and  their 
friends,  and  kept  in  this  hall  from  dav  to  day, 
till,  in  the  order  of  the  proofs,  it  suited  the  conve- 
nience of  the  public  prosecutor  to  call  them  to 
that  stand,  and  to  receive  from  their  lips  the 
story  of  their  sufferings?  Shall  I  be  told  there 
was  any  necessity  for  this?  There  is  no  man 
who  will  dare  to  utter  such  a  declaration.  Why 
then  was  it  done/  There  could  have  been 
but  one  motive.  It  was  to  enlist  against  the 
defendants  those  sympathies  of  our  nature — ■ 
the  best  and  purest  that  have  survived  the  fall 
— which  flow  out  spontaneously  when  we  see 
woman  in  distress ;  which  prompt  us  to  fly  to 
her  relief;  and  without  inquiring  how  or  why, 
to  ask  but  who  has  done  it,  and  then  to  avenge 
the  wrong.  Have  we  not  a  right  to  complain 
of  this  as  cruel  ?  Was  it  not  enough  that  the 
defendants  had  been  charged  with  guilt,  and 
pursued  by  public  prejudice  even  to  this  last 
refuge  of  the  oppressed?  Was  it  right  that 
mothers  should  be  made  to  teach  their  children 
the  story  of  that  guilt,  ere  it  was  established 
by  the  verdict  of  an  honest  jury?  Or  that 
such  a  verdict  should  be  sought  for,  by  excit- 
ing the  sympathies,  and  rousing  the  indigna- 
tion of  our  judges?  This  is  not  all.  To  sus- 
tain this  prosecution  the  friends  and  confidants 
of  the  accused  have  been  called  upon  to  testily, 
in  the  hope  that  by  violating  the  confidence 
reposed  in  them,  they  might  contribute  to  the 
ruin  of  their  friends.  Fortunately  for  the  de- 
fendants, they  knew  nothing  to  their  prejudice, 
and  the  effort  was  unavailing.  But  what  are 
we  to  think  of  the  cause  that  requires  such  a 
support?  Confidence  is  the  golden  cord  that 
binds  society  together.  Destroy  it  and  man 
becomes  a  hermit,  and  the  world  a  solitude. 
Never  should  a  fibre  be  severed  but  from  im- 
perious necessity.  This  case  presented  no  such 
necessity.  Or  if  it  did,  as  to  Mr.  Halleck  and 
some  others,  what  shall  we  say  of  that  rode 
invasion  of  the  domestic  hearth,  which  dragged 
to  this  bar  the  orphan  niece  of  one  of  the 
defendants?  Which  called  on  her  to  reveal 
the  secrets  of  the  family  in  which  she  found 
an  asylum,  when  both  her  parents  were  hur- 
ried to  the  grave?  Is  there  anything  in  all 
those  aceumulated  charges  which  arc  heaped 
on  the  defendants,  I  do  not  ask  to  justify,  but 
even  to  excuse,  this  attempt  to  extort  from  the 


170 


LIFE   OP   JACOB   BARKER. 


lips  of  one  so  circumstanced,  evidence  against 
her  friend  and  benefactor,  her  more  than 
father. 

"  Gentlemen,  when  I  witness  such  an  example 
of  the  power  of  prejudice;  when  I  see  that  even 
the  greatest  minds  are  fated  to  bear  its  yoke, 
I  could  weep  over  the  frailty  of  man's  nature. 
And  I  assure  the  public  prosecutor,  that  what 
I  have  said  on  this  point  has  been  said  in  sor- 
row and  not  in  anger.  But  I  tell  him  to  his 
face,  and  in  the  presence  of  this  great  audience, 
that  if  he  should  succeed  (which  may  heaven 
forbid)  in  sustaining  this  prosecution,  he  will 
have  done  to  the  cause  of  justice,  and  to  this 
community,  an  injury  for  which  not  all  the 
labors  of  his  past  life,  useful  as  they  have  been, 
nor  all  the  public  services  he  may  hereafter 
render,  can  furnish  an  atonement,  for  he  will 
have  succeeded  in  establishing  a  precedent, 
which,  in  times  of  popular  excitement,  and  in 
the  hands  of  partial  judges,  may  be  wrested  to 
purposes  the  most  fatal  to  private  right  and 
public  liberty.  Which  may  involve  not  eight 
but  eighfi/  in  one  sweeping  charge,  aud  offer 
up  at  once  whole  hecatombs  of  victims. 

"I  will  not  detain  you  by  entering  into  an 
exposition  of  the  law  of  conspiracy.  What 
does  and  what  does  not  amount  to  conspiracy 
will  be  the  subject  of  discussion  on  the  part  of 
the  other  counsel,  and  will  be  faithfully  ex- 
plained to  you  by  the  court;  but  there  are  one 
or  two  general  observations  touching  the  law 
of  this  case  that  I  cannot  omit 

"I  refrain  from  entering  into  the  discussion, 
because  Mr.  Barker  has  enjoined  me  to  manage 
my  argument  in  the  same  liberal  and  fearless 
spirit  in  which  he  conducted  his  defence;  and, 
above  all  things,  he  has  commanded  me  not  to 
rest  his  cause  on  any  technical  ground. 

"This  injuction,  I  can  assure  him,  I  mean 
faithfully  to  obey;  but  as  a  sworn  defender  of 
the  law,  as  a  freeman  and  a  lover  of  my 
country,  I  cannot  suffer  a  principle  so  reason- 
able in  itself,  so  necessary  to  the  safety  of  the 
citizens,  so  indispensable  to  the  due  adminis- 
tration of  justice,  as  that  involved  in  this  objec- 
tion, to  be  trampled  down  in  any  cause  in 
which  I  am  concerned  without  raising  in  its 
behalf  the  voice  of  warning  and  remonstrance. 
And  I  beg  to  assure  my  client,  and  you,  also, 
gentlemen  of  the  jury,  that  this  is  no  technical 
objection.  It  stands  on  grounds  of  right, 
reason,  and  eternal  justice.  That  no  man  shall 
be  put  on  trial  for  one  offence  and  convicted 
of  another;  that  he  shall  not  be  held  to  answer 
for  a  crime  against  which  he  is  not  admonished 
to  defend  himself;  these  are  among  the  most 
obvious  principles  of  that  law  which  has  been 
written  on  the  heart  of  man  by  the  hand  of  his 
Creator.  They  are,  therefore,  to  be  found  io 
the  penal  code  of  every  State  that  pretends  to  a 
rational  jurisprudence.  They  are  among  the 
chief  ornaments  of  our  boasted  common  law, 
and,  with  the  invaluable  right  of  a  trial  by  one's 
peers,  create  the  difference  between  a  trial  in 


New  York  and  one  at  Madrid  or  Algiers. 
Heaven  grant  that  neither  you,  nor  I,  nor  our 
remotest  posterity,  may  outlive  their  applica- 
tion in  this  favored  land  of  liberty  and  law. 

"  But  I  perceive  that  my  client  is  impatient, 
whilst  I  thus  linger  at  the  threshhold.  He  likes 
not  these  distant  approaches.  He  would  have 
me  attack  the  enemy  in  his  strong  holds,  and 
would  risk  the  issue  on  an  open  contest.  I  go 
then  to  the  evidence  in  the  cause,  and  shall  ex- 
amine in  detail  all  that  relates  to  Mr.  Barker. 
And  if  He  who  is  the  author  of  reason  shall 
only  enable  me  to  express  with  clearness  the 
conceptions  I  have  formed  of  this  evidence,  I 
hope  to  satisfy  you  that  not  a  fact  has  been 
proved  which  can  warrant  you  in  believing 
that  Mr.  Barker  ever  intended,  either  sepa- 
rately or  in  conjunction  with  others,  to  defraud 
any  one  of  the  parties  named  in  the  indictment. 
In  doing  this  I  am  aware  that  I  shall  trespass 
largely  on  your  patience.  But  I  cannot  help 
it,  my  clienthas  friends  who  love  him,  not  only 
in  every  part  of  the  union,  but  in  every  quarter  of 
the  globe.  Wherever  commerce  has  her  patrons, 
those  are  to  be  found  who  take  an  interest  in 
his  welfare,  and  who  wait  with  breathless 
solicitude  the  issue  of  this  trial.  They  shall 
know  that  if  condemned  he  was  not  condemned 
unheard.  If  acquitted,  your  vindication  and 
his  shall  accompany  your  verdict. 

"  To  reduce  the  mass  of  evidence  that  has 
been  offered  to  a  manageable  shape,  I  shall  take 
up  the  corporations  and  individuals  named  in 
the  indictment  in  the  order  in  which  they  are 
enumerated.  I  shall  apply  to  each  as  I  proceed 
all  the  evideuce  that  touches  Mr.  Barker,  but 
shall  not  comment  on  that  which  relates  to  the 
other  defendants. 

"I.  The  Mechanics'1  Insurance  Company. — The 
facts  relied  on  to  show  a  conspiracy  to  defraud 
this  company  relate  exclusively  to  John  Frank- 
lin and  Messrs.  Eckford  and  Vermilyea.  I  will 
not  enter  into  the  discussion  of  those  transac- 
tions, for  Mr.  Barker  had  no  connexion  with 
either.  He  was  never  a  director  or  stockholder 
of  the  company;  he  has  had  no  dealings  with 
it.  After  the  consummation  of  the  alleged 
frauds,  and  after  the  failure  of  the  Life  and  Fire, 
it  is  in  proof  that  the  Life  and  Fire  handed 
over  to  him,  among  other  claims,  one  against 
the  Mechanics'  Company,  which  is  now  in  suit. 
If  it  is  a  just  claim  they  ought  to  pay,  aud  the 
court  will  see  that  they  pay  to  the  proper  party. 
If  it  is  not  a  just  claim  they  will  be  protected 
against  it,  and  indemnified  for  the  expenses  of 
their  defence.  Perhaps  I  ought  not  to  have 
detained  you  by  alluding  to  a  matter  which 
evidently  has  nothing  to  do  with  this  cause. 
But  as  every  part  of  Mr.  Barker's  conduct  has 
been  exposed  to  misconstructions,  I  do  not 
know  what  may  be  said  of  this,  and  I  can  suffer 
nothing  to  pass  unnoticed. 

"ZZ".  The  Morris  Canal  and  Banking  Com- 
])any. — It  is  said  that  this  institution  was  de- 
frauded: 


DEFENCE   ON   THE   TRIAL   FOR   FRAUD. 


171 


"  1.  In  the  apportionment  of  the  stock  by 
the  commissioners. 

"  2.  In  the  withdrawing  of  the  capital  paid 
in  by  the  discounting  of  stock  notes,  &e. 

"3.  In  the  paying  out  of  $13,000  for  procur- 
ing the  charter. 

"4.  In  the  issuing  of  the  certificates  for 
2,500  shares  of  stock  transferred  to  the  Fulton 
Bank  as  full  stock,  which  certificates  are  said 
to  have  been  false. 

"5.  In  the  loan  of  $10,000  to  the  Dutchess 
Company. 

"I  waive  all  discussion  as  to  the  four  first 
topics,  for  there  is  not  a  particle  of  proof  to 
connect  Mr.  Barker  with  either  of  them.  And, 
in  addition  to  this  absence  of  proof  against  him, 
there  is  positive  testimony  that  he  was  neither 
an  applicant  for  the  bank,  nor  a  commissioner, 
nor  a  subscriber,  real  or  fictitious,  nor  a  stock- 
holder, director  or  committee  man.  Till  the 
affair  of  the  $10,000  loaned  to  the  Dutchess 
County  Insurance  Company  his  name  was  not 
mentioned  by  any  of  the  witnesses.  This  was 
put  forth  by  the  district  attorney  as  a  fraudu- 
lent transaction,  and,  I  take  it  for  granted  will 
again  form  a  topic  of  crimination.  Let  us  see 
what  it  amounts  to:  It  is  admitted  that  the 
money  was  repaid,  but  the  charge  is  that  it 
was  procured  by  Mr.  Barker  without  security, 
through  the  agency  of  Vermilyea,  and  remained 
some  time  without  interest.  All  the  evidence 
before  you  in  regard  to  this  transaction  is  the 
memorandum  of  Mr.  Talman,  the  former  cash- 
ier, aud  the  testimony  of  Newton  St.  John,  Mr. 
Gilchrist,  and  Mr.  Halleck.  The  memorandum 
of  Talman  simply  states  that  $10,000  had  been 
lent  to  Jacob  Barker  by  T.  Vermilyea — $5,000 
on  the  29th  of  April,  and  $5,000  on  the  11th  of 
May.  This  memorandum,  it  may  be  proper  to 
state,  is  not  evidence  against  Mr.  Barker. 
Young  St.  John  says  that  Vermilyea  directed 
the  $10,000  to  be  sent  to  Mr.  Barker;  and  that 
be  (St.  John)  took  the  money,  or  a  part  of  it, 
to  the  office  of  the  Dutchess  Company;  that  he 
there  saw  Mr.  Barker,  who  pointed  out  Mr. 
Halleck,  the  secretary  of  the  Dutchess,  as  the 
person  to  receive  it,  and  that  he  paid  it  to  that 
gentleman.  He  further  testified  that  he  never 
saw  Mr.  Barker  in  the  Morris  Canal  Bank;  and 
that  he  does  not  know  that  Mr.  Barker  had  any 
thing  to  do  with  the  money  except  from  the  state- 
ments of  others  and  from  what  passed  in  the 
office  of  the  Dutchess,  He  added  that  the 
money  was  returned  about  the  20th  of  July, 
principally  in  the  biils  of  the  Morris  Canal 
Bank,  and  that  was  all  the  young  gentleman 
knew  upon  the  subject.  Mr.  Gilchrist,  the 
present  cashier,  had  no  knowledge  upon  the 
subject  except  that  the  money  had  been  repaid. 
Mr.  Halleck  told  you  that  the  Dutchess  County 
Insurance  Company,  some  two  or  three  months 
before  the  20th  of  July,  received  $10,000  in 
Morris  Canal  bills  on  loan  from  Mr.  Vermilyea; 
but  whether  he  brought  them  in  person  or  sent 
part  by  a  boy  he  did  not  recollect.     That  on  or 


about  the  20th  July,  Mr.  Vermilyea,  accom- 
panied by  Mr.  Talman,  came  to  tin'  office  of 
the  Dutchess,  and  requested  that  the  money 
might  be  repaid  to  the  Munis  Canal  Bank,  and 
that  he  thereupon  paid  over  the  amount, 
chiefly  in  bills  of  the  Morris  Bank  to  Mr.  Tal- 
man, in  the  presence  of  Vermilyea.  He  added 
that  no  application  had  previously  been  made, 
either  by  Mr.  Vermilyea  or  the  banlc,  for  the 
money;  and  that  Mr.  Barker  had  no  interest 
in  the  loan  except  as  a  stockholder  and  officer 
of  the  Dutchess.  Thus  you  perceive  that  there 
is  no  evidence  to  impeach  the  fairness  of  this 
transaction.  Whether  securitv  was  given  by 
Mr.  Vermilyea  to  the  bank,  or  by  the  Dutchess 
Company  to  Vermilyea,  does  not  appear.  Nor 
is  it  material.  The  Dutchess  Company  was 
always  able  to  repay  it  at  a  moment's  warning. 
It  was  promptly  returned  on  the  first  call;  and 
as  to  the  trifling  amount  of  interest,  about  which 
so  much  clamor  has  been  made,  if  any  interest 
was  justly  payable  to  the  bank  by  the  Dutchess, 
it  can  be  deducted  from  the  $5,000  now  owing 
to  that  company. 

"I  have  been  thus  minute  in  stating  the  tes- 
timony concerning  this  transaction,  because, 
strange  to  tell,  it  was  much  insisted  on  by  the  dis- 
trict attorney.  Neither  the  cashier  nor  any  of 
the  directors  complained  of  it  in  their  testimony; 
indeed,  they  all  said  they  knew  of  no  fraud 
committed  by  Jacob  Barker  upon  their  bank. 
But  of  what  avail  is  their  united  tribute  to  the 
innocence  of  my  client?  The  district  attorney 
has  denounced  the  act  as  fraudulent,  and  young 
Mr.  St.  John  has  told  us  that,  in  his  opinion, 
it  was  dishonorable!  Who  shall  doubt  the 
justice  of  their  decision? 

"This  affair  of  the  $10,000  was  the  only 
transaction  of  Mr.  Barker's  that  was  specified 
by  the  district  attorney,  in  his  opening  speech, 
as  a  fraud  on  the  Morris  Canal ;  but  he  as- 
serted that  Mr.  Barker  had  an  intimate  con-  ■ 
nexion  with  its  concerns,  and  that  many  other 
circumstances  would  come  out  in  evidence  to 
show  the  fraudulent  nature  of  that  connexion. 
I  have  carefully  examined  the  testimony,  and 
I  find  but  three  other  facts  to  connect  Mr. 
Barker  with  that  company.  They  are,  first, 
the  application  for  a  loan  made  to  him  by  Mr. 
Bayard;  second,  his  agency  in  effecting  the 
return  of  the  2,500  shares  of  Munis  Canal 
stock;  and,  third,  the  loan  of  $5,(JU0  to  the 
bank. 

"  As  to  the  application  made  by  Mr.  Bayard 
— that  gentleman,  who  was  the  assistant  piv.-i- 
dent  of  the  bank,  called  on  Mr.  Barker  on  the 
21st  of  July  with  a  bast;  note  from  Mr.  Kck- 
ford,  stating  that  the  bank  was  in  distress, 
and  begging  his  assistance  ;  that  they  wanted 
$25,000;  that  they  would  offer  him  securities, 
and  that  he  (Mr.  Eckford)  would  guarantee  to 
the  amount  of  $10,000.  This  v. a-  strange 
evidence  to  support  a  conspiracy.  But  the 
district  atrorney  had  an  object  in  offering  it. 
He  desired  to  fix  ou  Mr.  Barker  the  charge  of 


172 


LIFE   OF  JACOB   BARKER. 


extortion  ;  and  he  proved  by  Mr.  Bayard  that 
the  former  talked  of  taking  the  notes  at  a 
discount  of  30  or  33  per  cent.,  which  the  latter 
was  unwilling  to  allow;  and  thus  the  negotia- 
tion was,  therefore,  broken  off.  Motives  of 
delicacy  restrained  Mr.  Barker  from  repelling 
this  charge  by  calling  for  the  names  and  con- 
dition of  the  parties  to  the  notes,  but  he  did 
it  with  equal  effect  by  asking  Mr.  Bayard 
whether  he  did  not  state  his  willingness  to 
furnish  the  $10,000  which  Mr.  Eckford  had 
offered  to  guarantee  at  a  moment's  warning, 
and  upon  lawful  interest?  You  heard  his 
answer  in  the  affirmative,  and  you  required 
nothing  further  on  this  point. 

"  The  agency  of  Mr.  Barker  in  the  return  of 
the  2,500  shares  is  not  complained  of  as  inju- 
rious to  the  bank.  On  the  contrary,  it  is 
admitted  on  all  hands  that  if  the  return  of  this 
stock  had  not  been  effected  the  bank  would 
have  been  ruined.  And  Mr.  David  B.  Ogden, 
a  director  of  the  Morris  Canal,  charged  with 
the  negotiation  on  their  part,  testified  that  Mr. 
Barker  had  conducted  the  negotiation  with 
great  skill,  fidelity,  and  success.  Any  agency, 
therefore,  that  he  may  have  had  in  this  trans- 
action, instead  of  furnishing  evidence  to  crimi- 
nate him,  should  entitle  him  to  the  thanks  of 
the  institution  ;  unless,  indeed,  the  district 
attorney  was  correct  in  asserting  as  he  did,  in 
his  opening  speech,  that  the  stock  was  not 
returned  till  after  the  complaint  to  the  grand 
jury,  and  then  only  because  'they  feared  the 
penalties  of  the  laivJ  I  cannot  suffer  this 
observation  to  pass  unanswered;  it  is  impor- 
tant to  notice  it  for  the  purpose  of  enabling 
you  to  form  a  just  estimate  of  the  character 
and  motives  of  Mr.  David  Leavitt.  It  is  also 
in  proof,  then,  that  the  negotiation  for  the 
return  of  the  2,500  shares  was  not  completed 
till  the  10th  day  of  August,  when  it  was  closed 
at  the  office  of  Mr.  David  B.  Ogden.  It  is 
also  in  proof  that  a  complaint  was  then  pend- 
ing before  the  grand  jury,  which  resulted  in  a 
bill — the  first  of  the  series.  It  is  also  true 
that  Mr.  Leavitt,  who  represented  the  Fulton 
Bank,  had  been  before  the  grand  jury  prior  to 
the  closing  of  the  negotiation ;  and"  when  it 
became  necessary,  for  the  purpose  of  consum- 
mating the  arrangement,  to  deliver  up  the 
certificates  of  the  2,500  shares,  Mr.  Leavitt 
stated  to  Mr.  Eckford  that  the  certificates  were 
at  the  Fulton  Bank,  and  left  the  office  of  Mr. 
Ogden  under  the  pretence  that  he  would  go  to 
the  bank  and  obtain  them.  He  was  gone  two 
or  three  hours,  and,  when  reproached  for  the 
detention,  he  for  the  first  time  informed  the 
gentlemen  that  the  certificates  were  in  the 
hands  of  the  grand  jury  and  could  not  be 
obtained  ;  and  the  business  was,  therefore, 
closed  without  their  delivery.  Till  this  dis- 
closure by  Mr.  Leavitt  neither  of  the  gentle- 
men with  whom  he  was  negotiating  had  any 
reason  to  suspect  that  the  matter  was  in  the 
hands  of  the  grand  jury.     All  this  is  in  proof. 


But  we  have  something  further.  You  heard 
David  Leavitt  admit,  on  that  stand,  that  when 
he  left  the  office  of  Mr.  Ogden  under  the  pre- 
sence that  the  certificates  were  at  the  bank 
and  that  he  was  going  thither  to  procure  them, 
you  heard  him  acknowledge,  with  his  own  lips, 
that  he  then  knew  that  the  certificates  were  in 
the  hands  of  the  grand  jury,  and  that  he 
intentionally  concealed  the  fact  from  Mr.  Eck- 
ford, Mr.  Barker,  and  Mr.  Ogden. 

"I  make  no  comments  on  this  fact.  It  is 
enough  to  state,  that  whilst  David  Leavitt  was 
negotiating  with  Henry  Eckford  as  an  honora- 
ble man,  he  was  plotting  the  ruin  of  his  char- 
acter and  the  destruction  of  his  peace! 

"  But  Mr.  Barker  claims  a  commission  of 
$5,000  for  his  services  in  this  negotiation,  the 
payment  of  which  is  to  be  resisted  by  the  bank. 
Whether  he  is  right  or  wrong  in  demanding 
this  commission,  is  really  irrelevant  to  the 
present  inquiry.  Even  if  his  conduct,  in  this 
respect,  was  fraudulent,  it  would  be  no  evidence 
of  a  conspiracy.  In  all  the  new  law  that  this 
trial  has  furnished,  it  still  seems  to  be  admitted 
that  the  union  of  two  or  more  minds  is  essen- 
tial to  a  conspiracy;  and  this  is  an  affair  that 
relates  exclusively  to  Mr.  Barker.  Yet  it  is 
my  duty  to  place  it  before  you  in  its  true  light. 
The  facts  are  simply  these.  After  the  failure 
of  the  Life  and  Fire  Company,  there  was  much 
excitement  among  the  persons  interested  in  the 
Morris  Canal  Company,  and  among  the  hold- 
ers of  its  bills,  on  account  of  the  2,500  shares 
exchanged  with  the  Life  and  Fire  Company. 
David  B.  Ogden,  esq.,  one  of  the  directors,  had 
two  or  three  interviews  with  Mr.  Eckford,  in 
which  he  pressed  the  return  of  the  stock.  The 
latter  respectfully  declared  that  he  would  see 
the  stock  returned,  but  he  declined  binding 
himself  by  a  written  engagement  to  do  so  im- 
mediately. Mr.  Barker  was  present  at  the  last 
interview,  having,  at  the  request  of  Mr.  Eck- 
ford, accompanied  him  to  Mr.  Ogden's  house, 
for  the  purpose  of  explaining  the  effect  a  writ- 
ten guarantee  would  have  on  the  stock  market. 
The  reasons  he  assigned  were  solid  and  forci- 
ble. The  Morris  Canal  stock  had  been  ex- 
changed with  the  Fulton  Bank,  and  could  not 
be  liberated  without  returning  the  2,000  shares 
of  Fulton  Bank  stock,  or  making  some  other 
arrangement  with  the  Fulton  Bank.  Mr.  Eck- 
ford had  engaged  to  return  the  Fulton  Bank 
stock  on  the  1st  of  March,  1827,  but  had  not 
contemplated  an  earlier  return.  It  was  appa- 
rent to  Mr.  Barker,  that  the  attempt  to  procure, 
on  a  sudden,  2,000  shares  of  Fulton  Bank  stock 
would  enhance  the  price  of  that  stock — ex- 
pose Mr.  Eckford  to  extortion — and  perhaps 
defeat  the  very  object  in  view.  Mr.  Ogden  felt 
the  force  of  these  objections,  but  so  pressing 
were  the  necessities  of  the  Morris  Canal,  that 
he  continued  to  urge  upon  Mr.  Eckford  the 
immediate  return  of  the  stock.  The  latter, 
though  under  no  obligation  to  do  this,  was  wil- 
ling to  make  the  attempt,  and  placing   a  just 


DEFENCE   ON   THE   TRIAL   FOR   FRAUD. 


173 


confidence  in  the  skill  of  Mr.  Barker,  appealed 
to  him  as  the  person  who  should  undertake  the 
negotiation  with  the  Fulton  Bank.  Mr.  Bar- 
ker replied  to  this  appeal,  that  he  would  do 
anything  for  Mr.  Eckford,  but  would  not  work 
for  the  Morris  Canal  without  pay.  Mr.  Ogden 
asked  what  he  would  charge  that  company  for 
his  services?  He  demanded  $5,000.  Mr.  Og- 
den tells  you  that  he  thought  the  terms  rather 
hard;  but  he  at  length  engaged,  if  the  result 
was  successful,  to  use  his  exertions  to  induce 
the  bank  to  pay  the  stipulated  fee.  Mr.  Bar- 
ker was  too  wise  to  leave  the  matter  on  this 
footing.  He  therefore  suggested  that  Mr.  Og- 
den should  procure  the  sanction  of  the  direc- 
tors. The  board  was  accordingly  called,  and 
a  resolution  passed  authorizing  Mr.  Ogden  to 
take  such  measures  as  he  thought  proper  to 
effect  the  return  of  the  stock.  After  this,  being 
again  urged  by  Mr.  Ogden,  Mr.  Barker  opened 
the  negotiation  with  the  Fulton  Bank,  and 
prosecuted  it  with  his  accustomed  perseverance 
until  the  desired  end  was  accomplished,  and 
the  Morris  Canal  saved  from  the  ruin  that 
threatened  it.  In  the  meantime,  however,  Mr. 
Leavitt  had  informed  the  directors  of  the  Morris 
Canal  of  Mr.  Barker's  offer  to  relinquish  his 
commission  of  $5,000  in  favor  of  the  Fulton 
Bank.  As  Mr.  Ogden  had  not  thought  it  good 
policy,  at  that  stage  of  the  business,  to  commu- 
nicate to  his  fellow  directors  the  details  of  the 
arrangement  with  Mr.  Barker,  this  information 
was  a  surprise  to  the  board,  and  laid  the  foun- 
dation for  the  difference  that  now  exists  be- 
tween them  and  Mr.  Barker  in  regard  to  the 
commissions. 

"  I  have  now  given  you  a  plain  history  of 
this  transaction  as  it  appeared  in  the  evidence, 
and  I  should  like  to  know  what  there  was  in  it 
that  was  wrong  on  the  part  of  Mr.  Barker? 
Was  he  bound  to  save  the  Morris  Canal  Com- 
pany without  compensation?  They  were  the 
parties  chiefly  interested,  andhe  had  a  right  to 
insist  on  a  quid  pro  quo,  before  he  devoted  to 
their  use  his  time,  his  funds,  or  his  talents. 

"  Mr.  David  Leavitt,  however,  who  has  a 
special  desire  to  protect  the  Morris  Canal  and 
every  other  institution,  when  he  can  do  so  to 
the  prejudice  of  Mr.  Barker,  has  volunteered  a 
new  objection  to  this  charge,  by  which  Mr. 
Barker  is  not  only  to  be  deprived  of  his  com- 
pensation, but  convicted  of  bad  faith  and  per- 
haps of  fraud.  He  has  sworn  that  Mr.  Barker 
'  did  not  effect  the  return  of  stock  ;  that  he 
commenced  the  negotiation,  but  flew  from  his 
agreement,  in  consequence  of  which  he  (Lea- 
vitt) requested  Mr.  Eckford  to  employ  some 
other  agent  or  negotiate  the  business  himself, 
and  that  thereupon  he  and  Mr.  Eckford  closed 
the  business  themselves.'  This  statement  is 
entirely  destitute  of  truth.  Out  of  Mr.  Leavitt's 
own  mouth,  aided  by  the  testimony  of  Mr.  Em- 
met and  other  unimpeachable  witnesses,  I  will 
convict  him  of  falsehood.  It  is  painful  to  make 
such  a  charge,  but  I  shall  place  it  past  doubt 


or  cavil.  And  it  is  important  to  do  so  at  this- 
stage  of  the  cause,  for  the  purpose  of  testing  the 
accuracy  and  credibility  of  Mr.  Leavitt.  You 
said  then,  Mr.  Leavitt,  that  Jacob  Barker  'did 
not  effect  the  return  of  the  stock,  and  that  the 
negotiation  was  closed  without  his  agency.' 
Who  opened  the  negotiation  with  the  Fulton 
Bank?  Jacob  Barker,  by  his  letter  of  the  31st 
of  July.  Who  conducted  it  until  the  0th  of 
August,  inclusive?  Jacob  Barker.  When  did 
you  tell  Mr.  Eckford  that  you  would  no  longer 
treat  with  Jacob  Barker?  On  the  10th  of 
August.  When  and  where  was  the  negotiation 
finally  closed?  On  the  10th  of  August,  at  the 
office  of  David  B.  Ogden.  Whom  did  you  see 
on  that  day  at  that  office  with  Mr.  Eckford? 
Jacob  Barker.  Who  waited  two  or  three  hours 
with  Mr.  Eckford  when  you  went  for  the  cer- 
tificates, the  same  certificates  which  you  said 
were  at  the  bank,  when  you  knew  them  to  be 
in  the  hands  of  the  grand  jury?  Jacob  Bar- 
ker. Who,  when  the  certificates  could  not  be 
produced,  and  you  supposed  that  the  whole  ne- 
gotiation must  therefore  be  broken  off,  and 
went  with  your  counsel  to  Mr.  Ogden's  office  to 
explain  this  to  Mr.  Eckford,  who,  I  again  ask, 
proposed  the  mode  of  closing  the  arrangement 
without  them?  Jacob  Barker.  Who  delivered 
the  five  hundred  shares  of  Fulton  stock 
and  the  one  hundred  shares  of  Morris  Canal 
stock,  in  part  execution  of  the  arrangement? 
Jacob  Barker.  What  then  remained  to  close 
the  business?  Securities  were  to  be  delivered 
for  $50,000.  Who  gave  you  these  securities, 
Mr.  Leavitt?  Jacob  Barker.  These  answers 
are  taken,  mark  it,  gentlemen,  from  the  testi- 
mony of  Mr.  Leavitt  himself,  drawn  out  by  Mr. 
Barker  on  his  cross-examination.  But  the 
efficient  instrumentality  of  Mr.  Barker  in  clos- 
ing this  negotiation  does  not  rest  merely  on 
the  admissions  of  Mr.  Leavitt.  All  the  testi- 
mony on  this  point  concurs  in  representing  Mr. 
Barker,  not  only  as  the  person  who  commenced 
and  managed,  but  who  closed  this  difficult  and 
important  negotiation.  Mr.  David  B.  Ogden 
swore  that  Mr.  Barker  did  effect  the  return  of 
the  stock.  Mr.  Emmet  testified  that  he  was 
present  as  counsel  for  the  Fulton  Bank,  at  the 
close  of  the  arrangement,  and  that  'Jacob  Bar- 
ker took  a  very  active  part  in  the  business.' 
He  also  confirmed  the  admission  of  Mr.  Lea- 
vitt, that  when  the  lawyers  were  at  fault,  (and 
able  ones  they  were  too,)  in  consequence  of  the 
non-production  of  the  certificates,  Mr.  Barker, 
with  that  readiness  and  tact  of  which  you  have 
seen  so  man; striking  examples duringtbia  trial, 
suggested  the  expedient  that  was  finally  adopted 
for  closing  the  business  without  them.  And 
yet  Mr.  Leavitt  had  the  temerity  to  swear,  that 
Jacob  Barker  did  not  effect  the  return  of  the 
stock. 

"But  I  have  not  done  with  this  gentleman. 
He  stated  that  'Jacob  Barker  flew  from  his 
agreement,  and  that  he  therefore  declined  any 
further  negotiation  with  him,'  &C  On  his  cross- 


174 


LIFE   OF   JACOB   BARKER. 


examination,  Mr.  Barker  showed  a  resolution 
purporting  to  have  been  passed  by  the  directors 
of  the  Fulton  Bank,  on  the  9th  of  August,  by 
which  they  agreed  to  the  terms  proposed  by 
Mr.  Barker  in  behalf  of  Mr.  Eckford,  provided 
the  assent  of  Spencer  and  Brown  was  obtained, 
and  provided  also  that  the  directors  could  be 
satisfied  in  regard  to  another  matter  specified 
in  the  resolution.     He  then  asked  Mr.  Leavitt 
•whether  this  resolution  was  not  passed  by  the 
board ;  to  which  he  answered  first  in  the  af- 
firmative, but  afterwards  doubtiugly;  and  he 
turned  to  the  book  of  minutes,   which  was  in 
proof,  and  told  us  there  was  no  such  resolution 
entered  in  the  minutes.     On  being  pressed  by 
Mr.  Barker,  he  admitted  that  the  paper  shown 
him  was  in  the  handwriting  of  one  of  the  di- 
rectors, and  had  been  approved  of  by  several ; 
and  that  he  had  no  doubt  it  had  been  delivered 
to  Mr.  Barker  as  a  resolution  of  the  board.  He 
further  admitted  that  the  two  points  reserved 
were  adjusted  to  the  satisfaction  of  the  board, 
and  Mr.  Barker  notified  thereof;  that  Mr.  Bar- 
ker was  willing  to  deliver  the  securities  in  con- 
formity to  the  resolution;  that    he    (Leavitt) 
then  called  the  board  together,  that  all  the  di- 
rectors except  the  president   (David  Leavitt) 
voted  in  favor  of  receiviug  the  securities  and 
delivering  up  the  Morris  Canal  stock  agreeably 
to  their  engagement  with  Mr.  Barker  ;  that  a 
motion   was  then  made  to  reconsider,  which 
prevailed  ;  and  that  a  resolution  was  thereupon 
unanimously  passed  rescinding  the  prior  reso- 
lution, and  breaking  off  the  negotiation.    Thus 
far  Mr.  Leavitt.     Messrs.  Jonathan  Lawrence 
and  Richard  M.  Lawrence,  two  of  the  directors, 
both   testified   that   the   unentered   resolution 
was  unanimously  passed  on  the  i)th  of  August ; 
that  they  and  other  directors  delivered  it  to 
Mr.  Barker  as  the  act  of  the  board;  that  they 
at  the  same  time  informed  Mr.  Barker  that  a 
committee  had  been  appointed  to  inquire  as  to 
the  two  points  reserved;  that  they  did  so,  and 
that  those  points  being  satisfactorily  disposed 
of,  Mr.  Barker  was  notified  that  the  directors 
would  meet  forthwith  to  consummate  the  ar- 
rangement agreeably  to  the  terms  of  the  reso- 
lution; that  the  boarddid  accordingly  meet,  when, 
to  the  astonishment  of  themselves  and  their 
brother  directors,  Mr.  Leavitt  alone  voted  in  the 
negative  ;  whereupon,  suspecting  that  he  inten- 
ded to  cast  upon  them  the  responsibility  of  the 
measure,  one  of  them  moved  a  reconsideration, 
which  passed,  and  which  was  followed  up  by  a 
a  resolution  rejecting  the  whole  negotiation. 
This,    gentlemen,   was   the   '  dying   from   his 
agreement,'  of  which  Mr.  Leavitt  spoke,  and 
which  he  falsely  charged  on  Mr.  Barker. 

u  You  see  that  it  was  David  Leavitt  and  not 
Jacob  Barker  who  broke  faith  on  that  occa- 
sion ;  and  I  confess  to  you  I  know  not  which  is 
most  reprehensible,  the  audacity  of  Mr.  Leavitt 
in  attempting  to  palm  off  this  statement  upon 
you,  or  his  treachery  to  his  brother  directors. 
Look  at  it,  gentlemen  of  the  jury.     He  first 


agrees  to  the  unentered  resolution  of  the  9th 
of  August.  His  brother  directors,  believing 
that  he  is  to  share  in  the  responsibility  of  the 
measure,  take  the  necessary  steps  to  carry  it 
into  effect — everything  is*  arranged  in  con- 
formity with  its  terms — but  at  the  last  moment, 
he  alone,  without  deigning  to  assign  reasons 
for  his  conduct,  interposes  his  veto.  The  mo- 
tive was  too  palpable  to  be  misunderstood. 
Mr.  Leavitt  wanted  a  loophole  through  which 
to  crawl,  in  case  the  stockholders  should  com- 
plain of  the  arrangement  as  improvident;  con- 
siderable excitement  about  the  measure  having 
by  this  time  been  created  out  of  doors  among 
the  stockholders.  In  that  event  his  protest 
would  enable  him  to  say  '  It  was  not  I  who  did 
it.'  But  Mr.  Lawrence  and  the  other  directors 
had  too  much  sense  and  too  much  spirit  to  be 
caught  in  the  snare.  They  therefore  broke  off 
the  negotiation,  and  compelled  Mr.  Leavitt  to 
resume  it  in  proper  person.  Ashamed  to  meet 
Mr.  Barker,  he  applies  on  the  same  day  or  the 
next  to  Mr.  Eckford,  and  wanting  some  excuse 
for  this  step,  he  resorts  to  the  pitiful  expedient 
of  charging  on  Mr.  Barker  the  failure  of  the 
contemplated  arrangement,  and  affects  to  be 
unwilling  to  treat  with  him  any  longer.  And 
for  the  purpose  probably  of  concealing  the 
facts,  the  original  resolution  was  withheld  from 
the  minutes,  although,  a  copy  was  officially 
served  upon  Mr.  Barker,  which  ought  not  to 
have  been  done  until  it  had  been  recorded. 
The  rest  you  know." 

[The  cause  went  to  the  jury  after  a  most 
inflammatory  speech  on  the  part  of  the  district 
attorney,  full  of  eloquence,  full  of  sound  rules 
that  ought  to  be  observed  in  all  well  regulated 
communities,  but  an  entire  misstatement  of 
the  little  testimony  which  he  condescended  to 
notice,  and,  in  fact,  had  scarcely  any  reference 
to  the  case  under  consideration,  but  it  had  its 
effect,  and  the  jury  could  not  agree.  They 
were  equally  divided,  and  having,  at  the  com- 
mencement, disagreed  upon  some  cardinal 
points,  they,  although  kept  together  nearly  a 
week,  never  descended  into  particulars  so  as 
to  form  an  opinion  how  far  any  one  individual 
was,  more  than  another,  implicated  in  the  mat- 
ters submitted  to  them.  They  early  commu- 
nicated to  the  court  that  they  could  not,  and 
would  not,  agree,  to  which  they  adhered  with 
remarkable  pertinacity,  and  were  discharged  at 
the  end  of  about  a  week.] 

During  the  trial,  Mr.  Barker,  in  his  cross-ex- 
amination of  David  Leavitt,  pressed  him  very 
close.  The  district  attorney  interfered,  and  an 
appeal  was  made  to  the  court;  it  expressed  great 
dissatisfaction  at  the  remarks  made  by  Mr. 
Barker  to  the  witness,  and  said  that  when  the 
trial  should  terminate,  he  must  appear  and  an- 
swer for  those  expressions. 

Accordingly,  Mr.  Barker,  the  moment  the 


A   NEW   TRIAL. 


175 


jury  were  dismissed,  without  waiting  to  be  called 
to  account,  rose  and  stated  that  he  presented 
himself'  before  the  court,  in  obedience  to  their 
requisition,  and  was  amenable  to  their  directions 
if  they  were  still  of  the  same  opinion  as  to  the 
examination  of  David  Leavitt. 

Judge  Edwards  said  thai  the  circumstances 
had  warranted  the  course  pursued  by  the  court; 
Mr.  Leavitt  was  on  the  stand,  and  a  question 
was  put  by  Mr.  Barker,  of  which  the  court  re- 
quired an  explanation,  as  its  relevancy  was  not 
clearly  perceived. 

Mr.  Barker  said  he  intended  to  impeach  the 
witness  :  Mr.  Leavitt  then  asked  if  he  intended 
that  he  should  impeach  himself?  Mr.  Barker 
answered,  that  he  had  done  so  already,  in  his 
opinion  ;  now,  to  the  court,  this  declaration  ap- 
peared highly  offensive,  and  a  departure  from 
the  respect  due  to  the  rights  of  the  witness,  and 
to  the  dignity  of  the  bench. 

Mr.  Barker  disclaimed  all  intention  of  disre- 
spect to  the  court;  said  that  the  recorded  testi- 
mony of  Leavitt  established  that  he  had  sworn 
false,  knowing  it  to  be  false  ;  that  he  could,  by 
other  evidence  prove  it  to  be  false,  and  that  he 
knew  it  when  he  gave  his  testimony ;  that  if  the 
court  would  permit  the  examination,  if  he 
failed  to  establish  these  facts  he  would  make 
ample  apology  to  Leavitt,  but  that  he  would  not 
make  any  apology  to  a  man  obnoxious  to  the 
charges  he  made  against  Leavitt. 

The  court  said,  this  examination  cannot  take 
place,  the  question  is  not  as  to  the  accuracy  of 
Mr.  Leavitt's  testimony;  the  court  will  adjourn, 
take  the  case  into  consideration,  and  meet  to- 
morrow morning,  when  they  will  decide  what 
atonement  will  be  required. 

The  court  adjourned,  met  the  next  morning, 
the  judge  addressed  Mr.  Barker  respecting  the 
grounds  on  which  the  displeasure  of  the  court 
had  been  founded,  saying :  The  insult  to  Mr. 
Leavitt  could  not  be  passed  over ;  the  court  is 
satisfied  that  you  did  not  intend  any  disrespect 
to  it,  and  yesterday  you  had  an  opportunity  of 
making  satisfactory  explanations  in  relation  to 
Mr.  Leavitt,  which  you  refused  to  do. 

On  the  stand,  you  impeached  him  while 
under  the  protection  of  the  court,  and  for  this 
offence,  you  have,  as  far  as  the  witness  is  con- 
cerned, offered  no  atonement,  but  rather  con- 
firmed the  accusation ;  for  this  offence  the 
judgment  of  the  court  is,  that  you  pay  a  fine  of 


one  hundred  dollars  and  stand  committed  until 
the  same  is  paid ;  the  smallness  of  the  sum 
arises  from  our  having  taken  into  consideration 
the  peculiar  situation  in  which  you  were  placed 
when  you  made  the  objectionable  declaration, 
conducting  your  own  defence,  without  the  aid 
of  counsel. 

Mr.  Barker,  smiling,  turned  to  one  of  his 
clerks  who  was  in  court,  and  said:  "Go  to 
Wall  street  and  bring  me  a  hundred  dollars  in 
those  yellow  bags."  They  were  immediately 
brought,  and  paid  into  court. 

The  day  previous  a  ship  arrived  from  Mexico 
with  two  hundred  thousand  dollars  in  Mexican 
doubloons,  being  a  portion  of  the  securities 
pledged  by  Mr.  Eckford  for  moneys  borrowed 
for  the  use  of  the  Life  and  Fire  Insurance 
Company. 

Elisha  Williams,  esq.,  in  his  speech  to  the 
jury  in  defence  of  Mr.  Eckford,  stated  that 
"Leavitt  had,  by  his  own  testimony,  driven 
the  last  nail  in  the  coffin  of  his  own  reputa- 
tion." 

A  second  trial  took  place — that  of  Eckford 
and  Rathbone — being  held  over  by  the  district 
attorney,  who  then  said  they  would  be  tried  at 
the  proper  time,  and  subsequently  thi»t  Rath- 
bone  had  rendered  the  State  some  service,  and 
therefore  he  would  not  be  tried ;  that  he  was 
regenerated  but  not  disenthralled. 

Observe,  not  "disenthralled  ;"  had  he  been 
he  could  be  examined  as  a  witness ;  and  it  is 
not  perceived  what  other  reason  could  have 
induced  the  district  attorney  to  withhold  a 
nolle  prosequi  from  a  man  who  was  not  to  be 
tried,  who  had  paid  the  price  of  his  emancipa- 
tion in  the  fraudulent  use  of  those  miserable 
scraps,  those  "  wooden  daggers,"  in  themselves 
as  harmless  as  the  sweepings  of  a  barber's 
shop,  with  which  the  district  attorney  imagined 
he  could  create  a  delusion,  a  mystery,  operating 
on  the  minds  of  the  jury  to  Mr.  Barker's 
prejudice. 

A  new  jury  was  empannelled,  composed  of 
men  many  of  whom  were  hostile  to  Mr.  Barker 
personally — one  of  their  number  a  director  in 
the  North  River  Bank,  against  whom  he  had 
preferred  the  charge  of  fraud.  Most  of  them 
admitted,  when  challenged,  that  they  were 
prejudiced  against  the  defendants  in  relation 
to  the  matters  to  be  tried ;  yet  they  were  ad- 
mitted  by  the  court  as  jurors  in   the   case, 


176 


LIFE   OP  JACOB   BARKER. 


although  challenged  and  resisted   by  the  de- 
fendants to  the  utmost  of  their  capacity. 

After  the  evidence  for  the  prosecution  closed 
Mr.  Barker  spoke  thus  : 

"  Gentlemen  of  the  jury  :  I  do  not  think  you 
are  such  a  jury  as  was  contemplated  by  the 
framers  of  our  happy  Constitution,  who  pro- 
,  vided  that  every  accused  citizen  should  be 
tried  by  an  impartial  jury;  that  men  who  had 
prejudged  the  case,  as  most  of  you  on  oath 
admitted  you  had  done,  cannot,  in  my  opinion, 
be  legally  considered  an  impartial  jury.  No 
man  on  earth  can  be  expected  to  admit  that, 
if  he  finds  himself,  by  new  testimony,  in  error, 
he  is  not  open  to  conviction  ;  if  not,  is  it  suffi- 
cient for  you  to  say,  what  every  man  might 
say,  that  he  considered  himself  equal  to  the 
mighty  task  of  conquering  his  own  opinions 
and  rendering  an  honest  verdict?  All  we 
look  after,  when  listening  to  testimony,  is  for 
such  things  as  will  support  and  harmonize 
with  our  previously  expressed  opinions,  not 
for  an  excuse  for  the  conduct  of  the  accused, 
not  for  circumstances  that  will  induce  us  to 
give  up  unfavorable  opinions  formed,  and  to 
reconcile  affairs  in  themselves  of  doubtful  ap- 
pearance with  fairness,  with  candor,  and  with 
integrity.  As  lamentable  as  this  is,  I  venture 
to  pronounce  it  a  true  picture  of  the  human 
mind.  If  you  are  in  judgment  of  the  law  an 
impartial  jury,  why  are  grand  jurors  and  rela- 
tions considered  otherwise?  1  have  taken  a 
juror's  oath;  I  then  considered  my  mind,  as  to 
the  case  to  be  tried,  like  a  clean  sheet  of  paper, 
ready  to  receive  an  entire  new  impression  ;  but 
not  so  with  yours.  These  defendants  have  a 
twofold  service  to  perform  ;  they  have  first  to 
remove  a  very  deep  impression  already  made 
before  there  is  any  room  for  another  ;  the  two 
cannot  exist  at  the  same  time,  our  duty  is 
therefore  a  very  hard  one.  The  law  presumes 
every  individual  innocent  until  he  is  proved 
guilty.  You  have  taken  upon  yourselves  this 
trial,  presuming  the  defendants  guilty ;  you, 
therefore,  are  at  variance  with  the  law.  Now 
it  can  never  have  been  the  intention  for  the 
law  and  the  jury  to  be  at  variance.  I  admit 
the  odds  is  vastly  against  us,  and  I  feel  thank- 
ful that  I  have  been  favored  with  fortitude  and 
philosophy  sufficient  to  come  here  and  breast 
the  storm,  unaided  by  counsel  or  friends.  But 
I  come  so  strongly  armed  that  I  fear  not ;  my 
shield  is  justice,  through  which  not  one  of  the 
poisoned  arrows  of  the  conspirators  could 
penetrate — they  have  all  fallen  harmless  at  my 
feet;  I  will  pick  them  up  and  hurl  them  back 
on  my  accusers.  I  took  courage  at  the  recol- 
lection of  those  memorable  words  of  our  dying 
naval  hero,  Lawrence:  'Don't  give  up  the 
ship' — words  that  should  be  written  in  letters 
of  gold,  and  placed  in  our  public  squares  on 
imperishable  monuments,  where  all  coming 
ages  may  read  them,  and  improve  by  their 
courageous  moral. 


[•'Turning  to  the  district  attorney  he  request- 
ed to  see  the  wooden  daggers  furnished  by  Al- 
derman Rathbone,  describing  the  papers  allud- 
ed to.  Two  or  three  were  furnished.  I  want 
another  of  a  deeper  hue  than  either,  said  Mr. 
Barker;  when  another  was  furnished.]  This 
is  it  on  which  I  have  written  a  memorandum, 
which  is  as  pure  and  harmless  as  the  act  of 
furnishing  it  is  vile.  It  is  a  contract,  in  the 
handwriting  of  Alderman  Rathbone,  and  dated 
the  10th  of  May.  It  sets  forth  that  Mr.  Eck- 
fbrd  had  borrowed  from  Messrs.  Spencer  and 
Brown  2,000  shares  Fulton  Bank  stock,  in  ex- 
change for  2,500  shares  stock  in  the  Morris 
Canal  and  Banking  Company;  promising  to 
exchange  back,  at  his  option,  at  any  time  prior 
to  the  1st  of  March  next.  This  contract  was 
signed  for  H.  E.,  W.  P.  R. ;  and  on  its  back  is 
a  memorandum  in  my  handwriting  in  these 
words :  '  As  fast  and  in  such  proportions  as 
I  deliver  the  Fulton  Bank  stock.' 

"  Nothing  can  be  more  harmless,  more  in- 
nocent, than  every  part  of  the  transaction,  so 
far  as  described  in  this  agreement  and  in  this 
memorandum  ;  it  is  a  simple  exchange  of 
stock,  an  every  day  transaction.  Nobody  has, 
nobody  will  dare  to  say  that  it  was  wrong  ;  but 
if  the  stock  had  been  fraudulently  obtained,  or 
if  the  certificates  were  false,  all  parties  to  the 
transaction  who  knew  of  such  frauds,  or  either 
of  them,  would  be  guilty.  Now,  as  I  knew 
nothing-  of  either,  and  had  not,  at  the  time,  the 
slightest  reason  to  suspect  that  anything  was 
wrong,  there  was  no  wrong  on  my  part.  Not 
so  with  Rathbone  ;  he  was  a  director  in  both 
banks ;  he  procured  the  stock  from  the  Morris 
Canal ;  he  knew  whether  or  not  it  had  been 
paid  for ;  and  if  the  certificates  were  false  he 
knew  it.  The  question  that  this  memorandum 
presents  is,  Was  the  memorandum  to  form  a 
part  of  the  within  contract,  or  is  it  a  separate 
contract,  intended  to  be  signed  by  some  other 
person  ?  The  district  attorney  read  the  signa- 
ture to  the  agreement  Henry  Eckford  and 
William  P.  Rathbone,  and  not  for  Henry  Eck- 
ford, William  P.  Rathbone,  as  he  should  have 
done,  which  makes  the  memorandum  'I,' 
being  written  in  the  singular,  appear  not  to 
belong  to  the  contract;  and,  in  the  absence  of 
all  proof,  my  handwriting  is  to  be  considered 
as  indicating  a  separate  condition  on  my  part, 
connecting  me  with  the  whole  transaction. 
This  error  might  have  been  to  me  fatal ;  and 
if  I  had  not  had  the  capacity  or  good  fortune 
to  have  detected  it,  I  must  have  suffered. 

I  will  now,  gentlemen  of  the  jury,  unveil  to 
your  view  a  nefarious  attempt  to  sacrifice  an 
unoffending  man.  In  the  absence  of  Mr.  Eck- 
ford, Mr.  Rathbone  called  at  the  office  of  the 
Mercantile  Insurance  Company,  and  presented 
to  me  this  paper,  drawn  up  by  his  own  hand, 
dated  and  signed  before  I  saw  it,  and  asked,  as 
the  friend  of  Mr.  Eckford,  if  its  conditions 
were  clearly  expressed.  I  suggested  a  slight 
alteration.     He  requested   me   to  reduce  to 


DEFENCE    ON    THE    NEW    TRIAL. 


177 


writing  the   suggested   alterations.     Not   sus- 
pecting traps  to  be  setting  for  me,  I  did  so,  on 
the  back  of  the  agreement.     Mr.  Rathbone  took 
the  paper  with  him  from  the  office,  since  which 
I  have  not  seen  or  heard  of  it  until  produced 
by  the   district  attorney,  which  circumstance, 
when  taken  in  connexion  with  Mr.  Rathbone's 
being  let  off,  forces  on  my  mind  the  irresistible 
conclusion,  that  he  has  furnished  it  for  the 
purpose  of  fixing  on  me  a  crime,  of  which  he 
knew,   that   I,   at  least,  was   not  guilty.      If 
roguery  there  be  in  the  transaction,  he  is  the 
rogue.     W.  P.  Rathbone,  I  mean,  gentlemen, 
that  man  sitting  there,  [turning  and  pointing 
at   Rathbone,]    to   describe   the    enormity   of 
whose  conduct  requires  powers  far  beyond  my 
capacity.     Another  of  these  notable  papers  is 
a  very  rough  memorandum,  in  the  hand  writing 
of    Brown,   Spencer,  Rathbone,   and   myself, 
which  seems  to  have  reference  to  a  negotiation 
for  a  loan  of  $100,000,  to  support  the  Hudson 
and  the  United  States  Lombard  Companies, 
which  took  place  a  few  days  before  their  fail- 
ure;   half  of  which  it  was  expected  would  be 
furnished   by  the  Fulton  bank,  and   the  other 
half  by  Messrs.  Eckford  and  Barker.     There 
was  nothing  on  this  paper  to  connect  Mr.  Eck- 
ford  with    this   transaction,  except  the   hand 
writing  of  Mr.  Rathbone,  who  was,  at  that  time, 
the  partner  of  Mr.  Eckford :  and  the  only  thing 
to    connect   Mr.   Barker  with  it  was  the  last 
memorandum  on  the  paper,  limiting  the  loan 
to  $1,000  per  day,  which  was  surely  a  prudent 
precaution,  as,  if  the  intended  object  failed,  the 
obligation  to  loan  would  cease;   and  if  the  ob- 
ject was  obtained,  the  parties  would  benefit  so 
much  by  their  collections  during  the  hundred 
days,  that  it  would  compensate  them  for  their 
great  exertions  to  raise  the  $100,000.     But  so 
far  from  the  companies  meeting  their  payments 
as  long  as  Napoleon  reigned  after  his  return 
from  Elba,  they  both  failed  within  one  week; 
and  although  they  got   more  than  $17,000  of 
the  money,  ten  thousand  times  has  it  been  al- 
leged,  to  my  prejudice,  that  they  would  not 
have  failed  if  I  bad  performed  my  promise.     I 
consider  the  production  of  this  supposed  dag- 
ger, although  intended  for  my  destruction,   a 
most  fortunate  feature  in  the  plot,  as  it  frees 
me,  most  triumphantly,  from  one  charge;  and, 
although  the  last  I  knew  of  this  paper  it  was  in 
the  hands  of  Mr.  Brown,  I  am  not  prepared  to 
believe  that  he  furnished  it ;  and  nothing  can  be 
more  honorable  to  Messrs.  Spencer  and  Brown 
than  the  part  this  negotiation  locates  on  them. 
The  whole  object,  scope,  and  tendency,  is   to 
borrow  money  on  the  best  securities  they  held, 
for  the  use  of  the  companies  under  their  man- 
agement.    The  next  in  order  is  a  memorandum 
in   my  hand  writing,  purporting  to  be  a  con- 
tract, dated  the  21st  day  of  July,  written  for 
Messrs.  Brown  and   Spencer  to  sign,  for  the 
settlement  of  the  contract  of  $G1,000  Fulton 
Bank  stock,  which  was  not  agreed  to  or  signed 
by  either.     The  last  I  knew  of  this  paper  it 

12 


was  in  their  hands.  It  is  perfectly  harmless 
except  as  another  evidence  of  the  guilty  con- 
spiracy to  destroy  me.  And  now  we  come  to 
the  fourth  and  last  of  these  weapons  of  destruc- 
tion: it  is  a  plain  contract  for  the  purchase  and 
sale  of  six  hundred  and  ten  shares  of  Fulton 
bank  stock,  dated  the  21st  of  January,  which 
stock  I  held  at  the  time.  What  possible  use 
of  this  contract  the  district  attorney  intends  to 
make  I  cannot  image,  and'  therefore  will  not 
remark  on  it.  The  last  I  knew  of  this  paper 
it  was  in  the  hands  of  Mr.  Spencer.  The  par- 
ties now  on  trial  can,  and  I  trust  will,  satisfac- 
torily explain  how  they  lost  possession  of  them. 
At  present,  I  am  inclined  to  believe  that  Rath- 
bone either  furnished  or  was  instrumental  in 
furnishing  them  all;  perhaps  he  borrowed  them 
for  the  purpose  of  negotiating  for  the  exoner- 
ation of  a  greater  number  of  the  defendants; 
but  as  the  district  attorney  could  not  have 
found  in  them  sufficient  for  their  ransom,  Rath- 
bone, if  my  conjecture  is  right,  converted  the 
whole  to  save  himself.  At  these  contrivances, 
as  at  all  my  enemies,  I  boldly  hurl  defiance, 
knowing  that  all  the  contrivances  in  the  world 
cannot  convert  innocence  into  guilt.  Now,  Mr. 
District  Attorney,  if  you  have  any  more  papers 
that  bear  the  mark  of  the  finger  of  Jacob,  let 
him  have  them,  that  he  may  dispose  of  the 
whole  pack  at  the  same  time. 

'•Gentlemen  of  the  jury,  the  district  attorney 
took  particular  pains,  in  his  opening  speech,  to 
|  draw  down  public  indignation  upon  me.    It  was 
J  for  the  public  and  not  you,  as  he  has   not  fol- 
|  lowed  up  his  most  aggravated  allegations  with 
I  a  particle  of  proof.     For  instance,  he  stated 
j  that  within  six  months  immediately  preceding 
the  failure  of  the  Life  and  Fire  Insurance  Com>- 
!  pany,  I  had,  as  their  agent,  palmed  off  on  the 
j  community    their    bonds    to   the    amount   of 
$300,000,  knowing  them  to  be  bad;  thus  lead- 
ing every  bondholder   to   suppose  I  had   de- 
frauded him  of  their  amount,  when  it  has  been 
proved,  over  and  over  again,  that  I  never  sold 
a   bond   for   the    company;  that   I   onlv   sold 
$10,000  worth,  and  that  they  belonged  "to  the 
Mercantile  and  Western  Insurance  Companies, 
and  not  to  me  or  to  the  Life  and  Fire  Company, 
I  and  that  of  the  person  to  whom  I  sold  them  I 
j  purchased  a  greater  amount,  and  of  others  to  a 
vast  amount. 

"Not  even  an  offer,  on  my  part,  to  sell  has 
1  been  proved,  although  he  has  unintentionally 
|  proved  that  I  made  vast  purchases/' 

The  other  testimony  was  much  the  same  as 
that  adduced  on  the  first  trial,  on  which  Mr 
Barker  remarked  very  much  as  he  had  then 
done,  insisting  that  the  public  prosecutor  had 
not  established  either  of  the  charges  made 
against  him,  and  that  he  was  as  free  from 
having  done  any  wrong  as  a  new  born  babe. 
The  case  resulted  unfavorablv. 


178 


LIFE   OF   JACOB   BARKER. 


On  the  evening  of  that  day,  when  sur- 
rounded by  his  family  and  many  sympathizing 
friends,  the  bell  announced  another  call,  when 
the  servant  brought  a  letter  from  a  gentleman 
of  the  first  respectability,  as  follows: 

Friday  Evening,  December  1,  7  o'clock. 

Sir:  This  moment,  the  writer  learns,  from 
Butler's  Bulletin,  that  the  jury  have  returned  a 
verdict  of  guilty  in  your  trial,  with  others,  for 
a  conspiracy,  &c. 

You  will  well  know,  from  his  signature,  and 
from  his  very  slight  acquaintance  with  you, 
that  he  can  have  no  interested  motive  in 
addressing  these  lines  to  you.  But  he  cannot 
resist  the  impulse  to  say  to  you  and  your 
family,  in  the  hope  of  in  some  degree  as- 
suaging the  feelings  which  this  occurrence 
must  produce,  that  there  is  at  least  one  wholly 
disinterested  observer  of  the  recent  proceed- 
ings— who  has  given  his  best  attention  to  the 
published  testimony  in  both  trials — who  be- 
lieves that  you  are  most  unjustly  given  up  in 
this  case  as  a  victim  to  public  prejudice.  This 
opinion  he  has  uniformly  expressed  in  conver- 
sation, and  will  continue  to  do  so,  till  cause 
shall  appear  for  changing  his  opinion. 

"That  individual  is  your  obedient  servant, 
"JAMES  BOORMAN. 

"Jacob  Barker,  esq.,  present.". 

In  a  very  few  days  thereafter,  he  was  pre- 
sented with  the  proceedings  of  the  directors  of 
the  Insurance  Companies  with  which  he  was 
connected,  as  follows  : 

"  Mercantile  Insurance  Comp.,  N.  York, 

"  12th  month,  ith,  1826. 
"  At  a  meeting  of  the  directors  of  this  com- 
pany, on  motion  of  Henry  D.  Sedgwick,  esq., 
it  was  this  day  unanimously  resolved,  that  a 
committee  be  appointed  to  investigate  the  books 
and  affairs  of  this  company,  and  the  conduct 
of  Jacob  Barker  thereto,  as  assistant  president, 
whereupon  Benjamin  Marshall,  Francis  Thomp- 
son, and  Robert  IT.  Bowne,  were  duly  appoint- 
ed to  perform  that  service." 

"  12th  month,  6th,  1826. 

u  The  board  of  directors  again  assembled, 
when  the  aforesaid  committee  made  the  follow- 
ing report: 

"Report  of  the  committee  appointed  by  the 
directors  of  the  Mercantile  Insurance  Company 
of  New  York,  to  examine  the  books  and 
effects  of  the  company,  to  investigate  the 
conduct  of  Jacob  Barker,  in  relation  to  the 
performance  of  his  duties  as  assistant  president 
of  the  said  company,  and  whether  or  not  any- 
thing has  occurred  to  diminish  the  confidence 
reposed  in  him  by  the  directors. 

"Your  committee  have  carefully  examined 
the  situation  of  the  books  and  accounts  of  the 
company,  as  well  as  their  securities  and  effects, 


and  report,  that  the  books  have  been  regularly 
kept,  and  a  balance  sheet  made  out  every 
month  for  the  inspection  of  the  directors, 
which,  on  a  comparison  with  the  books  and 
securities  on  hand,  exhibits  a  correct  and  con- 
cise view  of  the  situation  of  the  affairs  of  the 
company,  and  that  the  conduct  of  Jacob  Bar- 
ker, throughout,  has  been  marked  with  skill 
and  fidelity  to  the  company,  and  in  obtaining 
payment  for  the  debt  due  from  the  Life  and 
Fire  Insurance  Company,  he  did  not,  in  the 
opinion  of  this  committee,  do  more  than  he 
was  bound  to  do  in  the  faithful  discharge  of 
the  duties  of  his  office.  Your  committee  is  of 
opinion,  that  if  he  had  done  less,  he  would 
have  been  wanting  in  his  duty  to  the  stock- 
holders of  this  company  ;  and,  so  far  as  your 
committee  have  been  able  to  discover,  nothing 
has  occurred  to  diminish  the  confidence  hitherto 
reposed  in  said  Jacob  Barker.  That  the  Life 
and  Fire  bonds  sold  by  him  on  the  9th  and 
10th  of  June,  as  testified  by  John  P.  Garniss, 
were  the  property  of  this  company,  sold  for 
their  account,  and  the  money  received  therefor 
on  those  days. 

"FRANCIS  THOMPSON, 
"  BENJAMIN  MARSHALL, 
"ROBERT  H.  BOWNE. 

"  On  reading  the  report  of  the  committee 
appointed  to  inquire  into  the  conduct  of  Jacob 
Barker — 

"  Resolved,  unanimously,  That  we  approve  of 
and  accept  the  said  report,  and  that  the  same 
be  entered  on  the  book  of  miuutes  of  the  board 
of  directors. 

"  Resolved,  unanimously,  That  the  secretary 
of  this  company  transmit  a  copy  thereof,  with 
these  resolutions,  and  of  the  resolution  appoint- 
ing the  committee,  to  each  of  the  stockholders 
of  this  company,  signed  by  the  president  and 
secretary  of  this  meeting. 

"  WILLIAM  R.  THURSTON,  President. 

"  Thomas  L.  Wells,  Secretary  pro  tern." 

"Dutchess  County  Insurance  Company, 

"New  York,  December  6,  1826. 

"At  a  meeting  of  the  directors  of  this  com- 
pany, held  at  the  company's  office,  this  day — 

"The  committee  appointed  at  the  last  meet- 
ing to  inquire  into  the  conduct  of  Jacob  Bar- 
ker, as  an  officer  of  this  company,  and  as  to 
the  correctness  of  the  reported  indebtedness 
of  the  Life  and  Fire  Company  to  this  company, 
made  the  following  report: 

"The  committee  appointed  to  inquire  into 
the  conduct  of  Jacob  Barker,  as  an  officer  of 
this  company,  respectfully  report :  That  after 
a  careful  examination  of  the  published  testi- 
mony, given  in  the  recent  trials,  and  compar- 
ing the  same  with  all  the  information  we  could 
obtain,  and  with  our  knowledge  of  the  facts  in 
the  case,  we  see  no  reason  to  withdraw  from 
Jacob  Barker  the  confidence  hitherto  reposed 
in  him  by  the  directors  of  this  company  :  that 


RESOLUTIONS    OP   INSURANCE   COMPANIES. 


179 


he  appears  always  to  have  watched  over  the 
interests  of  the  stockholders  with  scrupulous 
fidelity,  and  to  have  used  his  best  exertions  for 
their  interest;  that  the  books  of  the  company 
have  been  always  regularly  posted,  and  a 
monthly  statement  uniformly  made  for  the  in- 
spection of  the  directors;  and  that  the  alleged 
indebtedness  of  the  Lite  and  Fire  Company  to 
this  company,  as  mentioned  in  the  report  pub- 
lished in  the  newspapers  of  Judge  Edwards' 
charge  to  the  jury  on  the  late  trial,  probably 
originated  in  mistake,  as  no  such  indebtedness 
exists 

"WILLIAM  ISRAEL, 
"  ABRAHAM  BELL, 
"JOHN  CLAPP. 

u  The  above  report  being  read  : 

"  Resolved,  unanimously,  That  the  same  be 
adopted  and  entered  on  the  minutes. 

"Resolved,  unanimously,  That  the  confi- 
dence of  the  directors  of  this  company  in 
Jacob  Barker,  their  assistant  president,  remains 
undiminished. 

"Resolved,  That  the  president  and  secretary 
be  requested  to  sign  the  proceedings  of  this 
meeting,  and  furnish  Jacob  Barker  with  a 
copy  thereof. 

"A  true  copy  from  the  minutes. 

"  STRONG  STURGES,  President. 

"F.  G.  Halleck,  Secretary" 

"At  a  meeting  of  the  board  of  directors  of 
the  Western  Insurance  Company  of  the  village 
of  Buffalo,  held  on  the  7  th  of  December,  182G, 
the  annexed  report  was  presented  by  the  com- 
mittee appointed  at  a  previous  meeting: 

"Whereupon,  it  was 

"  Resolved,  unanimously,  That  the  same  be 
accepted,  and  that  this  board  fully  unite  with 
the  said  report. 

"Resolved,   unanimously,  That   a   copy   of 
the  same,  and  of  these  resolutions,  signed  by 
the  president  and  assistant  secretary,  on  behalf 
of  this  board,  be  presented  to  Jacob  Barker. 
"  NATHAN  COMSTOCK,  President. 

"A  true  copy  from  the  minutes. 

"  Thomas  J.  Gardner, 
Assistant  Secretary." 

"The  undersigned,  a  committee  appointed 
at  a  meeting  of  the  directors  of  the  Western 
Insurance  Company  of  the  village  of  Buffalo, 
to  investigate  the  conduct  of  Jacob  Barker, 
the  assistant  president  of  the  said  company, 
respectfully  report : 

"That  his  agency  in  the  management  of  the 
affairs  of  this  company  is  marked  with  fidelity, 
and  his  unremitting  exertions  for  the  interest 
of  the  institution  entitles  him  to  the  unabated 
confidence  of  the  stockholders,  and  is  attend- 
ed with  no  circumstances  calculated  to  excite 
a  suspicion  of  that  honesty  which  should  char- 
acterize  mercantile   transactions,   nor  should 


this  confidence  be  diminished  in  the  estimation 
of  your  company  by  the  recent  investigation 
before  the  Court  of  Oyer  and  Terminer. 

"Your  committee  find  that  eight  hundred 
shares  of  the  stock  of  the  Tradesmen's  Bank 
were  transferred  to  Beth  Stnrtevant,  a  clerk  of 
this  company,  on  or  about  the  12th  of  July 
last,  on  which  a  loan  was  made  by  Jacob  Bar- 
ker, as  an  officer  of  this  company,  to  the  Life 
and  Fire  Insurance  Company,  on  or  about  the 
14th  of  July,  and  that  this  stock  was  re  trans- 
ferred on  the  conveyance  of  a  mortgage  of 
Thomas  Gibbons,  received  on  the  17th  July 
last. 

"The  manner  in  which  the  books  and  ac- 
counts of  the  Western  Insurance  Company 
have  been  kept  is,  on  examination,  found  to 
be  highly  satisfactory.  The  monthly  exhibit 
of  a  balance  sheet,  which  your  committee  find 
to  be  regularly  recorded,  presents  a  full  and 
correct  view  of  the  affairs  of  the  company,  and 
has  always  been  open  to  the  inspection  of 
every  director. 

"Respectfully  submitted  by 

"THOMAS  RICH, 
"JOHN  C.  MERRITT, 
"JOHN  S.  CONGER, 
"P.  W.  ENGS." 
Mr.  Barker  was  so  confident  that  when  his 
case  should  come  before  any  tribunal  beyond 
the   influence  which  had  been  exerted  in  the 
city  of  New  York  for  his  destruction,  that  his 
freedom  from  offence  would  be   manifest,  and 
that  the  illegal  verdict  would  be  instantly  set 
aside,  that  it  never  gave  him  a  moment's  un- 
easiness.    Many  of  his  friends  were  very  much 
alarmed,  to  all  of  whom  he  said:  "  Be  of  good 
cheer,  there  is   no  danger."     Application  was 
immediately  made  to  the  Hon.  John  Wood- 
worth,  judge  of  the  Supreme   Court,  for  relief, 
who  decided  as  follows  : 

JUDGE  WOODWORTH'S  OPINION. 
Thomas  Vermilyea  and  others,  ] 
ads  in.  > 

The  People.  ) 

"The  defendants  were  convicted  at  a  Court 
of  Oyer  aud  Terminer,  held  in  the  city  of  New 
Y'ork,  of  a  conspiracy  to  defraud  certain  i; 
porated  companies  and  individuals  of  their 
goods,  chattels,  and  effects.  Application  is 
now  made  for  the  allowance  of  a  certiorari,  to 
remove  the  record  and  proceedings  into  the 
Supreme  Court,  for  the  purpose  of  reviewing 
the  decision  of  the  court  below,  on  a  challi 
taken  to  some  of  the  jurors,  and  also  on  the 
ground  of  fatal  variance  between  the  proof 
offered  at  the  trial  and  the  charges  contain*  i 
in  the  indictment.  As  to  the  latter,  I  will 
merely  observe  that  a  certiorari  removes  the 
record  only  ;  and  as  the  evidence  produced  on 
the  trial  forms  no  part  of  the  record,  the  writ 


180 


LIFE   OP   JACOB   BARKER. 


would  be  a  nugatory  process.  In  criminal 
cases,  where  questions  of  law  arise  at  the  trial, 
either  as  to  the  admission  of  testimony,  or  its 
legal  effect  when  admitted,  if  doubts  are  en- 
tertained, the  facts  are  brought  before  this 
court  in  the  form  of  a  report,  or  case  agreed 
on;  if  the  objections  afford  reasonable  ground 
for  doubt,  the  presumption  is,  that  judgment 
would  be  suspended  until  the  opinion  of  the 
superior  court  be  known.  As  far  as  I  know, 
questions  of  this  description  have  always  been 
submitted  to  the  Supreme  Court  in  that  man- 
ner. The  experience  of  half  a  century  has  not 
called  for  any  legislative  provision  to  varv  this 
course,  or  practice,  or  am  I  aware  that  com- 
plaints have  ever  been  made,  that  the  exercise 
of  this  discretion  has  been  rigorous  as  respects 
the  accused.  On  the  contrary,  it  will  be  found 
that  the  cases  from  inferior  tribunals,  which 
have  been  reviewed,  furnish  no  inconsiderable 
evidence  of  the  solicitude  and  tenderness  of 
our  courts  in  allowing  even  to  the  greatest  cul- 
prits the  benefit  of  every  legal  objection. 

"If,  however,  in  any  given  case,  the  inferior 
court  should  erroneously  refuse  to  interfere,  it 
would  afford  no  ground  for  a  certiorari,  be- 
cause the  remedy  does  not  apply  to,  or  reach 
the  error  sought  to  be  corrected. 

"  If  a  bill  of  exceptions  would  lie  in  a  crimi- 
nal case,  the  difficulty  would  be  removed,  but  it 
is  well  settled  that  it  does  not. 

"With  respect  to  the  admission  of  the  jurors, 
I  will  confine  my  observations  to  the  case  of 
Andrew  S.  Norwood.  From  the  affidavits  and 
certificates  of  the  clerk,  it  appears  that  Mr. 
Norwood  was  challenged  for  principal  cause, 
and  the  decision  of  the  challenge  referred  to 
the  court,  without  any  objection  on  the  part  of 
the  district  attorney.  The  specific  ground  of 
the  challenge  was  not  in  the  first  instance 
stated.  The  juror  testified  that  he  had  heard 
all  the  evidence  given  on  the  former  trial,  hav- 
ing been  present  at  it;  that  he  had  made  up  his 
opinion  perfectly  on  the  evidence  that  the  de- 
fendants were  all  guilty,  and  had  frequently 
expressed  his  opinion  to  that  effect;  upon  being 
inquired  of  by  the  district  attorney,  he  stated 
that  he  felt  no  bias  or  partiality  against  any  of 
the  defendants;  that  if  the  testimony  given  on 
this  trial  should  appear  as  it  did  on  the  former, 
be  should  certainly  fiud  the  defendants  all 
guilty,  and  added,  that  he  thought  he  felt  com- 
petent to  give  a  verdict  according  to  bis  oath 
and  the  evidence  as  it  should  appear. 

"  The  court  decided  that  the  juror  stood  in- 
different, and  that  the  challenge  was  not  true  ; 
he  was  accordingly  sworn  and  sat  on  the  trial. 

"  On  this  evidence  two  questions  arise,  first, 
whetherthe  challengeforms  a  part  of  the  record 
so  as  to  be  the  subject  of  removal  by  certio- 
rari? Second,  whether  the  exception  to  the 
juror  was  well  taken? 

"  The  first  question  depends  on  this,  do  the 
facts  constitute  a  principal  cause  of  challenge? 
This  arises  when  there  is  a  manifest  presump- 


tion of  partiality;  in  that  case  it  excludes  the 
juror;  but  a  challenge  to  the  favor,  where  the 
partiality  is  not  apparent,  must  be  left  to  the 
discretion  of  triers.  The  facts  relied  on  gen- 
erally consist  of  slight  circumstances,  respect- 
ing which  the  law  has  not  laid  down  any  cer- 
tain rule;  in  such  cases  the  judgment  of  the 
triers  is  conclusive.  The  question  arising  on 
such  a  challenge  is  altogether  extrinsic  of  the 
record.  Evidence  may  be  reviewed  in  a  supe- 
rior court  by  a  demurrer,  or  bill  of  exceptions; 
but  neither  applies  to  evidence  in  support  of  a 
challenge  for  favor. 

"  The  next  inquiry  is,  whether  a  principal 
cause  of  challenge  may  become  parcel  of  the 
record,  and  under  what  circumstances?  If  it 
cannot  in  any  case,  it  is  unnecessary  to  con- 
sider the  objection  taken  to  the  juror. 

"It  is  laid  down  in  3  Bac.  766,  that  'if  a 
challenge  be  taken  and  the  other  side  demur, 
and  it  be  debated,  and  the  judge  overrules  it, 
it  is  entered  upon  the  original  record;  and  if 
at  Nisi  Prius,  it  appears  upon  the  pestea  what 
the  judge  hath  done,  but  if  the  judge  overruled 
the  challenge  upon  debate  without  a  demurrer, 
then  it  is  proper  for  a  bill  of  exceptions.'  Chitty 
I.  v.  548,  recognizes  the  same  doctrine,  he  re- 
fers to  Skin.  101,  and  Hut.  24,  it  is  also  said 
p.  549,  that  if  a  demurrer  be  resolved  on  either 
to  the  array  or  to  the  polls,  there  is  no  occasion 
for  those  circumstances  which  must  attend  a 
demurrer  to  a  plea,  such  as  the  signature  of 
counsel,  but  it  is  good  as  soon  as  agreed  on  at 
the  bar,  and  the  prothonotaries  ought  of  right 
to  enter  it  on  the  record.  These  cases  suppose 
a  principal  cause  of  challenge,  and  establish 
the  proposition,  that  where  the  facts  alleged  as 
cause  of  challenge  are  not  disputed,  the  ques- 
tion is  decided  summarily  by  the  court.  On 
the  argument  before  me,  the  attorney  general 
conceded  the  law  to  be,  that  if  the  challenge 
was  good  for  principal  cause,  and  the  other 
party  demurred,  it  became  parcel  of  the  record 
and  might  be  removed;  he  contended,  however, 
that  this  was  not  a  challenge  of  that  descrip- 
tion, that  the  facts  made  out  a  challenge  for 
favor,  and  that  the  judge  was  substituted  in  the 
place  of  triers  by  consent  of  parties,  and  con- 
sequently that  the  question  was  to  be  viewed 
in  the  same  manner  as  if  it  had  been  actually 
decided  by  the  latter. 

"If  it  should  turn  out  that  the  defendants 
have  not  established  a  principle  cause  of  chal- 
lenge the  argument  is  well  founded.  The  real 
difficulty,  if  any  exists,  is  in  ascertaining 
whether  the  public  prosecutor  is  to  be  con- 
sidered as  having  demurred  to  the  challenge. 
The  proceedings  in  this  stage  were  somewhat 
informal.  The  more  regular  course  would  have 
been  to  have  stated  in  the  first  instance  the 
facts  relied  on  for  cause;  the  prosecution  would 
then,  probably,  have  elected  to  plead  or  demur. 
It  seems,  however,  that  the  juror  was  challenged 
withour  specifying  the  cause,  and  the  question 
referred  to  the  court.     What  was  referred  to 


OPINION    OF   JUDGE   WOODWORTII. 


181 


the  court?  The  juror  was  examined;  there 
was  no  dispute  about  facts;  when  that  happens 
in  the  case  of  a  principle  challenge,  as  well  as 
in  that  for  favor,  triers  are  appointed.  The 
court  were  called  upon  to  pronounce  the  law 
to  decide  whether  the  facts  made  out  a  princi- 
ple cause  of  challenge;  or,  in  other  words, 
whether  they  are  sufficient  to  exclude  the  juror. 
I  admit,  if  the  facts  were  only  proper  to  be 
submitted  to  triers,  in  support  of  a  challenge 
for  favor,  the  defendants  are  concluded  by  the 
decision  of  the  judge ;  but  if  per  se  they  formed 
a  principle  cause  they  may  avail  themselves  as 
such.  A  demurrer  is  an  admission  of  the  fact, 
submitting  the  law  arising  on  that  fact  to  the 
court.  On  a  demurrer  to  a  challenge  no  strict 
technical  form  seems  to  be  required.  Have 
not  both  parties  conceded  that  the  testimony  of 
the  juror  was  true?  And  have  they  not  called 
on  the  court  to  declare  the  law  arisinjr  on  that 
testimony?  Will  it  be  denied  that  this  is  in  | 
substance  a  demurrer?  Or  will  it  be  gravely  | 
contended  that  because  the  party  may  not  I 
have  said  in  terms  he  demurred  to  the  chal-  ' 
lenge,  but  submitted  to  the  court  whether  it 
was  sufficient  in  point  of  law,  that  therefore  a 
substantial  difference  exists  between  the  two 
cases — that  the  one  shall  be  entered  on  the 
record  and  shall  be  subject  to  review,  while  the 
other  is  final  and  conclusive?  I  cannot  per- 
suade myself  that  the  rights  of  any  party  are 
held  by  such  a  tenure,  and,  particularly,  in  a 
criminal  case  where  there  is  no  remedy  by  bill 
of  exceptions.  I  am,  therefore,  of  opinion  that 
the  judge  having  been  called  upon  to  decide 
whether  the  challenge  was  valid  in  law,  it  is 
in  substance  the  same  as  if  the  party  had  de- 
murred in  express  terms.  If  viewed  in  the 
light  of  a  demurrer,  it  becomes  parcel  of  the 
record,  and  is  liable  to  be  removed  by  certiorari. 
That  the  counsel  for  the  defendants  considered 
the  decision  on  the  challenges  as  subject  to  the 
revision  of  a  superior  tribunal,  and  did  all  that 
was  deemed  necessary  to  secure  that  right,  is 
apparent  from  the  fact  alledged  in  the  affidavit 
of  Mr.  Hoyt,  who  says  that  the  defendants'  coun- 
sel requested  the  court  to  take  down  the  testi- 
mony as  to  the  competency  of  the  jurors,  in 
order  to  give  the  parties  the  benefit  ot  review- 
ing the  decision,  and  that  the  presiding  judge 
upon  such  request  read  over  the  notes  of  evi- 
dence, and  corrected  the  same  in  some  particu- 
lars on  the  suggestion  of  the  defendants'  coun- 
sel. It  is,  however,  contended  that  this  case 
falls  within  that  part  of  the  doctrine  laid  down 
by  Chitty  and  Bacon,  where  it  is  said  that  if 
the  challenge  is  overruled  without  demurrer, 
on  being  debated,  the  objection  may  afterwards 
be  made  the  subject  of  a  bill  of  exceptions ; 
and  as  no  bill  was  taken,  the  decision  could 
not  be  brought  before  the  Supreme  Court 
unless  by  consent.  It  seems  to  me  this  rule 
does  not  apply  in  criminal  cases.  Whether 
the  counsel  demurs  to  the  challenge,  or  merely 
argues  that  it  is  not  good  in  law,  creates  no 


material  distinction.  If  the  distinction  was 
ever  entertained  in  the  English  courts  it  must 
have  been  founded  on  a  belief  that  a  bill  of 
exceptions  would  lie.  But  if  it  be  a  couceeded 
point  that  no  bill  of  exceptions  will  lie,  I  think 
it  goes  far  to  show  thai  the  rule  laid  down  is  not 
applicable  to  criminal  but  civil  cases.  J  have 
traced  the  doctrine  to  its  source  by  examining 
the  cases  laid  down  by  Chitty.  Thev  are  to  be 
found  in  Skinner  101,  Hut.  24.  The  case  from 
Skinner  was  decided  36  Charles  II,  between  the 
king  and  the  city  of  Worcester.  It  was  an  itiior- 
mation  in  the  nature  of  a  quo  warranto.  The  case 
states  that  the  counsel  for  the  city  of  Worces- 
ter came  with  their  bill  of  exceptions;  they 
challenged  the  array  because  the  venire  was 
returned  as  by  both  the  coroners,  when,  in 
truth,  but  one  of  them  returned  it.  They  like- 
wise challenged  the  polls,  for  want  of  freehold, 
which  was  overruled.  No  question  was  raised 
whether  a  bill  of  exceptions  would  lie.  Saun- 
ders, chief  justice,  said  if  the  judge  overruled 
the  challenge  upon  debate  without  a  demurrer, 
then  it  is  proper  for  a  bill  of  exceptions.  There 
are  several  answers  to  this  case  if  pressed  on 
this  application.  The  case  in  Skinner  was  not 
strictly  a  criminal  proceeding.  Informations 
at  the  common  law  partook  of  the  nature  of  a 
civil  remedy. and  in  modern  times  are  considered 
as  a  civil  remedy  only.  It  must,  I  apprehend,  have 
been  so  considered  by  the  court,  otherwise  a  bill 
of  exceptions  would  not  have  been  Suggested. 
This  is  evident  from  the  fact,  that  prior  to  the 
35th  of  Charles  II,  the  judges  in  England  hud 
expressed  an  opinion  on  this  point. 

"  In  the  cases  of  Sir  Henry  Vane,  reported 
in  Keelyn  15,  2  St.  Tri.  443,  11  Cat.  2,  a  con- 
struction is  given  to  the  statute,  and  held  by 
all  the  judges,  that  the  statute  of  W.  2  C.  31, 
which  gives  the  bill  of  exceptions,  extends  only 
to  civil  causes  and  not  to  criminal.  Keelyn 
states  that  the  court  agreed,  the  words  of  the 
statute  are  as  plain  to  this  point.  So,  also,  1 
Keb.  324,  where  the  same  case  is  reported,  the 
judges  observe  a  bill  of  exceptions  is  not  within 
the  statute,  or  ever  heard  of,  the  statute  not  ex- 
tending to  any  indictment.  This  case  having 
been  decided  before  the  case  of  Skinner,  it  is 
manifest  the  court  had  no  reference  to  criminal 
proceedings  when  speaking  of  a  bill  of  excep- 
tions as  applicable  to  a  challenge  disposed  of 

without  demurrer.  As  a  civil  remedy,  it  may, 
undoubtedly,  be  pursued  if  there  is  no  demur- 
rer to  the  challenge  in  form  ;  bul  even  then,  in 
a  civil  case,  its  necessity  maj  well  be  ques- 
tioned, as  will  present!;  be  shown.  The 
then  leaves  the  principle  untouched,  that  where 
the  jm.Ij-  decides  the  law  on  ■  principal  chal- 
lenge, whether  arising  on  demurrer  or  by  a 
submission  of  the  question,  an  entry  is  made 
on  the  record,  which  may  be  reviewed. 

'•  The  decision  in  Skinner,  upon  which  Chitty 

and  Bacon  rest,  is  an  authority  to  prove  there 

;  is  a  remedy  where  a  Lr'">d  cause  ofcballi  uge  is 

overruled;  it  is  au  admission  of  this  principle. 


182 


LIFE    OF   JACOB    BARKER. 


The  public  prosecutor  cannot  be  compelled  to 
demur;  shall  his  refusal  or  omission  deprive 
the  accused  of  a  right  ?  can  the  right  depend 
on  such  a  contingency?  I  think  not.  In  ac- 
cordance with  this  view  of  the  subject,  it  seems 
to  me  the  case  of  Hesketh  vs.  Braddock,  3  Bur- 
rows, 1347,  decided  on  a  writ  of  error,  pro- 
ceeded. The  record  states  that  the  defendant 
challenged  the  array,  to  which  the  plaintiff  ds- 
murred;  the  challenge  was  disallowed.  The 
defendant  then  ore  terms,  in  open  court,  chal- 
lenged the  polls,  because  the  jurors  were  citi- 
zens and  freemen  of  the  city  of  Chester ;  the 
challenge  was  disallowed,  and  thereupon  tho 
issue  was  tried,  and  a  verdict  found  for  the 
plaintiff.  The  Court  of  King's  Bench  consid- 
ered the  validity  of  the  challenge,  and  passed 
upon  it,  as  parcel  of  the  record  ;  there  was  no 
suggestion  by  the  court  or  counsel  that  the 
challenge  to  the  polls  was  improperly  brought 
up;  the  challenge  to  the  polls  was  not  demur- 
red to,  but  it  was  disallowed.  On  what  prin- 
ciple did  it  become  a  part  of  the  record?  Mani- 
festly because  the  decisions  of  the  court  upon 
it  was  substantially  the  same  as  if  a  demurrer 
had  been  filed  in  form. 

"  In  3  Woodesen,  357  N.  in  the  form  of  the 
record  in  the  case  from  Burrow  is  given.  The 
challenge  to  the  polls  is  thus  entered:  'And 
hereupon  the  said  S.  B.  oreienus,  in  open  court 
challengeth  the  polls,  because  he  says  that  the 
jurors  are  citizens  and  freemen  of  the  city  of 
Chester ;  which  said  challenge  by  the  court 
here  is  disallowed.'  Professor  Woodeson  states 
that  the  challenge  ore  tenus  was  omitted  in  the 
first  engrossment  of  the  record ;  that  the  de- 
fendant alleged  diminution  ;  and  that  it  was 
then  inserted  by  rule.  The  case  sanctions  the 
doctrines  contended  for  by  the  defendant's 
counsel,  that  the  challenge  may  be  removed  as 
parcel  of  the  record,  provided  it  was  a  principal 
cause  of  challenge. 

"  The  only  remaining  question  is,  whether 
the  facts  stated  by  the  juror  constituted  a  prin- 
cipal cause  of  challenge. 

"  It  will  not  be  denied,  that  every  man, 
whether  in  a  civil  or  criminal  case,  is  entitled 
to  an  impartial  jury.  Though  our  constitution 
merely  preserves  the  trial  by  jury  inviolate  for- 
ever, and  does  not  in  express  terms  guarantee 
an  impartial  jury,  yet  ex  vi  termini,  it  is  em- 
braced in  its  provisions,  as  much  so,  as  that  the 
judges  shall  be  impartial  men.  The  same  gen- 
eral principle  is  adopted  by  the  English  law  ; 
the  only  question  is  as  to  the  application  of 
that  principle.  Can  a  juror  be  impartial  or  in- 
different to  the  question,  who  from  a  knowledge 
of  the  facts,  confesses  that  he  has  made  up  his 
mind  that  the  accused  are  guilty?  It  is  a  fal- 
lacy to  suppose  such  a  man  stands  impartial, 
merelv  because  he  has  no  malice  or  ill-will 
against  the  defendant.  This  doctrine,  however, 
has  been  strenuously  urged,  and  cases  have 
been  cited,  to  show  that  the  law  is  so  under- 
stood in  England. 


"The  case  of  the  King  vs.  Edmunds  and 
others,  4  Barn,  and  Al.  170,  Chief  Justice  Ab- 
bot observes,  that  expressions  used  by  a  jury- 
man are  not  a  cause  of  challenge,  unless  they 
are  to  be  referred  to  something  of  personal  ill- 
will  towards  the  party  challenging.  He  relies 
on  the  doctrine  laid  down  in  the  year  books,  7 
Hen.  6,  fol.  25,  where  Babington,  justice,  says, 
'  if  the  juror  has  said  he  will  pass  with  the  one 
party,  for  the  knowledge  he  has  of  the  matter, 
and  of  the  truth,  he  is  indifferent ;  but  if  he  has 
said  so  for  any  affection  of  the  party,  he  is 
favorable.'  Hawkins,  B.  2,  ch.  43,  S.  28,  is 
also  referred  to.  He  observes,  'that  it  hath 
been  allowed  a  good  cause  of  challenge,  that 
the  juror  hath  declared  his  opinion  before  band, 
that  the  party  is  guilty,  or  w  '.  be  1  \nged,  or 
the  like.'  Hawkins  adds,  '  Yet  it  Laih  been 
adjudged  that  if  it  shall  appear  that  the  juror 
made  such  declaration  from  his  knowledge  of 
the  cause,  and  not  out  of  any  ill-wil  to  the 
party,  it  is  no  cause  of  challenge.  The  opin- 
ion of  the  Court  of  Kind's  Bench,  in  Barn,  and 
Al.  rests  on  these  ancient  authorities  ;  it  does 
not  profess  to  consider  the  soundness  of  the 
doctrine  advanced.  Now,  admitting  the  law 
had  been  so  applied  at  an  early  day,  when  the 
prisoner  did  not  possess  even  the  right  of  pro- 
ducing testimony,  I  apprehend  that  after  the 
lapse  of  centuries,  when  the  rights  of  parties 
are  better  understood,  and  have  been  more  ac- 
curately defined,  it  would  not  be  presumption 
to  inquire  whether  the  common  law  relative  to 
the  right  of  challenge,  had  not,  in  this  instance, 
been  misapplied  ;  or  whether  it  was  cons  stent 
with  the  law  as  laid  down  by  Lord  Coke,  B.  2, 
155  a.,  who  says,  'The  rule  of  law  is,  that  the 
juror  must  stand  indifferent  as  he  stands  un- 
sworn.' It  seems  to  be  admitted  in  some  of  the 
old  cases,  that  an  opinion  formed  and  expressed, 
is  good  cause  of  challenge.  Upon  what  is  this 
founded?  On  the  supposition  that  it  creates  a 
basis.  All  experience  goes  to  prove  the  infir- 
mity of  human  nature  is  such,  that  we  cannot, 
at  pleasure,  get  rid  of  preconceived  opinions. 
The  question  is  not  how  great  is  the  bias,  but 
does  any  exist?  The  least  is  sufficient  to  ex- 
clude. Can  the  source  from  whence  it  is  de- 
rived be  material?  As  to  the  accused,  it  is  the 
same  thing,  whether  the  bias  proceeds  from  a 
preconceived  opinion,  or  malice  and  ill-will ; 
be  it  either,  he  is  equally  affected.  Why  then 
superadd  the  necessity  of  proving  malice  or 
ill-will?  Without  it,  the  parties  do  not  contend 
on  equal  ground,  by  requiring  it  to  be  proved 
in  order  to  exclude  the  juror,  it  only  shows  the 
disparity  to  be  greater.  If  the  question  was 
entirely  novel,  I  should  think  our  courts  would 
incline  to  take  a  different  view  of  the  question. 
But  it  has  occurred  here  and  has  been  well 
considered.  The  Supreme  Court  decided  in 
the  case  of  Blake  vs.  Millspaugh,  J.  John.  316, 
it  was  good  cause  of  challenge  to  a  juror, 
that  he  had  previously  given  his  opinion  on  the 
question  in  controversy  between  the  parties. 


OPINION   OF   JUDGE   WOODTVORTH. 


183 


The  case  of  Durree  vs.  Mosher,  8  John.  445,  is 
not  contradictory;  there  the  juror  said,  if  the 
reports  of  the  neighbors  were  correct,  the  de- 
fendant was  wrong  and  the  plaintiff  was  right ; 
no  definite  opinion  was  expressed  or  formed — 
the  court  so  adjudged,  and  observed  that  the 
declaration  was  hypothetical.  It  is  no  more 
than  saying,  if  the  defendant  has  done  an  ille- 
gal acf,  let  him  answer  for  it,  which  is  no  evi- 
dence of  partiality.  In  the  case  of  Pringle  vs. 
Huse,  1  Cowan,  4H2,  a  juror  was  challenged  for 
having  expressed  an  opinion  against  the  plain- 
tiff; it  was  held  that  this  was  a  principal  cause 
of  challenge,  and  should  be  tried  by  the  court, 
and  that  the  juror  challenged  may  be  called  as 
a  witness.  In  the  case  of  Coleman  vs.  Hager- 
man,  the- same  principle  was  adopted  by  the 
Supreme  Court.  The  late  chief  justice  Spen- 
cer has  furnished  me  with  a  manuscript  opinion 
of  his  in  that  cause.  It  was  an  action  for  an 
assault  'uid  battery  of  an  aggravated  character; 
the  verdict  was  for  four  thousand  dollars  dam- 
ages. The  grounds  of  the  motion  were  that 
Graham,  one  of  the  jury,  had  made  use  of  lan- 
guage indicating  an  opinion  that  the  defendant 
ought  to  be  exemplarily  punished.  It  appeared 
that  Graham  was  wholly  unacquainted  with  the 
parties  until  after  the  trial;  and  that  the  opin- 
ions expressed  by  him  were  founded  on  news- 
paper publications.  He  swore  that  he  had  no 
bias  against,  or  partiality  for  either  of  the  par- 
ties, and  personally  knew  nothing  of  the  assault 
and  battery  complained  of;  yet  the  court  unani- 
mously awarded  a  new  trial,  on  the  ground 
that  Graham  did  not  stand  indifferent  in  con- 
sequence of  the  opinions  he  had  expressed.  In 
the  manuscript  opinion  referred  to,  the  late 
chief  justice  stated  the  principles  adopted  by 
him,  on  the  then  recent  trial  of  Van  Anstyne, 
for  the  murder  of  Huddlestone.  It  was  thus  : 
if  a  person  had  formed  or  expressed  an  opinion 
for  or  against  the  prisoner  on  the  knowledge  of 
any  of  the  facts  attending  the  murder,  or  from 
information  of  those  acquainted  with  the  facts, 
he  considered  it  good  cause  of  challenge  ;  hut 
if  the  opinions  of  the  jurors  were  formed  on 
mere  rumors  and  report,  he  decided  that  such 
opinions  did  not  disqualify  the  jurors;  and  as  I 
understood,  the  opinions  delivered  on  that 
solemn  occasion  met  the  decided  approbation 
of  the  Supreme  Court. 

"  The  principle  upon  which  these  cases  were 
decided  was,  that  any  opinirn  formed  and  ex- 
pressed by  a  juror  is  of  itself  evidence  that  he 
did  not  stand  indifferent  between  the  parties. 
I  do  not  perceive  how  the  case  before  me  can 
be  distinguished.  On  the  trial  of  Fries  for 
treason,  before  Judge  Iredell,  on  an  application 
for  a  new  trial,  one  question  was  as  to  the  com- 
petency of  a  juror  who  had  expressed  himself 
in  strong  terms  as  to  the  prisoner's  guilt.  That 
learned  judge  put  the  question  on  this  ground, 
that  when  a  predetermined  opinion  is  formed, 
from  whatever  motives,  it  creates  an  improper 
bias  extremely  difficult  to  get  rid  of,  and  may 


influence  an  honest  man  unwarily  to  give  a 
wrong  verdict;  that  he  becomes  less  able  to 
discriminate  facts.    The  reasoning   of  Chief 

Justice  Marshall,  on  the  trial  of  Colonel  Ban*, 
(vol.  1,  pp.  370,  419,)  is  directly  in  point.  He 
has  shown  in  the  most  satisfactory  manner  that 
a  juror  who  has  given  his  opinion  cannot  be 
considered  impartial;  that  the  natural  tenden- 
cy of  preconceived  opinions  in  a  juror  is  to  ob- 
struct the  impartial  administration  of  justice. 
He  asks  why  a  distant  relative,  or  he  who  ha3 
prejudices,  cannot  serve  on  a  jury?  Became 
he  is  presumed  to  have  a  bias.  He  may  de- 
clare that,  notwithstanding,  he  is  determined 
to  listen  to  the  evidence  and  be  goven  ed  by  it; 
but  the  law  will  not  trust  him.  The  chief  jus- 
tice observes:  'Is  there  less  reason  to  suspect 
him  who  has  prejudged  the  case,  and  deliberate- 
ly formed  and  delivered  an  opinion  upon  it? 
The  law  suspects  him,  and  not  without  reason, 
he  will  listen  with  more  favor  to  that  testimony 
which  confirms,  than  to  that  which  would 
change  his  opinion.  It  is  not  to  be  expected 
that  he  will  weigh  evidence  or  argument  as 
fairly  as  a  man  whose  judgment  is  not  made 
up  in  the  case.'  These  enlightened  views  place 
the  question  upon  the  true  ground  ;  not  whe- 
ther the  juror  feels  resentment  or  ill-will,  but 
whether,  for  any  cause,  he  has  a  bias  on  his 
mind  that  may  disqualify  him  from  deciding 
with  strict  impartiality.  I  entirely  concur  in 
the  reasoning  of  that  case  as  containing  a 
luminous  exposition  of  the  ground  upon  which 
the  rule  is  founded. 

u  The  result  of  my  opinion  is,  that  enough  has 
been  shown  to  render  the  decision  in  the  court 
below  questionable  ;  that  the  challenge  forms  a 
part  of  the  record;  and  that  the  defendants  are 
entitled  to  the  allowance  of  a  certiorari." 

The  reader  of  the  preceding  pages  will  have 
no  difficulty  in  discovering  that  the  bone  of 
contention  in  the  conspiracy  against  Mr.  Bar" 
ker  has,  in  addition  to  the  efforts  of  the  guilty 
to  escape  by  creating  suspicions  against  the  in- 
nocent, been  the  securities  received  from  the 
Life  and  Fire  Company. 

A  conspiracy  was  formed,  immediately  after 
the  first  trial,  by  a  portion  of  the  accused  and 
others  connected  with  the  incorporations  inqnes- 
tion,  in  which  transactions  Mr.  Barker  had  no 
part  or  lot,  to  shield  the  innocent  and  make 
Mr.  Barker  answerable  for  the  errors  of  the 
guilty.  This  conspiracy  was  in  part  concocted 
at  the  house  of  Josiah  Baden.  Maxwell  there 
met  many  of  the  untried  individuals,  who  were 
made  to  understand  that,  if  Jacob  Barker  could 
be  convicted,  Maxwell  would  be  satisfied  to  let 
the  others  off.  Mr.  Barker,  having  obtained 
what  he  considered  sufficient  evidence  of  that 
conspiracy,  went   before  the  grand  jury  and 


184 


LIFE   OF    JACOB   BARKER. 


made  a  formal  complaint  against  some  of  the 
parties ;  it  was  near  the  close  of  the  session  of 
the  "rand  jury,  so  that  they  had  no  time  to 
investigate  the  matter.  On  receiviug  notice  of 
this  fact,  Mr.  Barker  repaired  again  to  the  jury 
room  and  requested  a  return  of  his  proofs; 
Maxwell  appearing  before  them  resisted  his 
application,  demanding  to  have  the  papers 
delivered  to  him;  Mr.  Barker  objected,  sa)ing 
to  the  grand  jury  that,  if  they  allowed  Maxwell 
to  have  them,  he  would  not  allow  him  the  use 
of  them  on  his  trial ;  that  his  object  was  to 
protect  others  at  his  expense.  The  grand  jury 
offered  to  return  them  to  Mr.  Barker  if  he 
would  withdraw  his  complaint;  this  he  refused 
to  do,  when  Maxwell  insisted  on  their  being 
filed  in  court,  to  be  handed  to  the  next  grand 
jury  as  unfinished  business,  pledging  himself 
that  Mr.  Barker  should  have  the  benefit  of 
them  on  his  trial :  whereupon  they  filed  them 
in  court,  to  be  presented  to  the  next  grand 
jury. 

Maxwell  followed  the  grand  jury  into  court 
the  moment  they  had  delivered  the  papers  to 
the  clerk  ;  he  took  up  the  bundle,  selected 
therefrom  six  letters  from  Mr.  Eckford  to  Mr. 
Barker,  and  attempted  to  leave  the  court. 
Mr.  Hatfield,  the  clerk,  called  him  back  before 
he  reached  the  door,  that  he  might  take  a 
memorandum  of  the  papers  he  was  about  car- 
rying off.  He  did  so  ;  and  these  letters  were 
never  thereafter  seen  by  the  court,  nor  by  Mr. 
Barker,  or  by  the  clerk  of  the  court,  until  after 
the  whole  proceedings  had  been  dismissed. 

So  sacred  have  the  files  of  the  court  hereto- 
fore been  considered,  that  papers  once  placed 
there  could  not  be  obtained  for  the  use  of  any 
other  court,  except  brought  by  its  authority, 
and  then  always  accompanied  by  the  clerk, 
their  legal  guardian. 

Pending  the  negotiation  between  Maxwell 
and  the  conspirators  to  let  them  off  if  they 
would  furnish  evidence  to  convict  Jacob  Bar- 
ker, a  lady  called  at  Mr.  Barker's  house  in  the 
night  and  informed  him  that  she  had  overheard 
a  conversation  of  these  men,  or  some  of  them, 
when  it  was  stated  that  they  must  destroy  Mr. 
Barker  or  he  would  destroy  them. 

The  judge  having  made  many  errors  in 
stating  the  evidence  to  the  jury,  and  Maxwell's 
published  speech  being  calculated  to  mislead, 
Mr.  Barker,  knowing  himself  to  be  innocent, 


reviewed  the  case,  and  made  some  remarks 
about  his  previous  difficulties  with  one  of  the 
jury,  and  about  the  manner  in  which  they 
were  drawn,  which  the  district  attorney  de- 
nominated libels  and  brought  two  suits  there- 
for. On  the  trial  the  ruling  of  the  recorder 
was  such  that  Mr.  Barker  took  exceptions 
thereto,  the  recorder  promising  to  give  him  an 
opportunity  to  have  the  case  reviewed  by  the 
Supreme  Court ;  in  consequence  of  which, 
relying  on  the  soundness  of  his  exceptions,  he 
refused  to  sum  up. 

The  jury,  under  an  illegal  charge  from  the 
recorder,  sustained  the  complaint. 

Mr.  Barker  made  the  necessary  statement  to 
have  the  case  reviewed  by  the  Supreme  Court; 
the  recorder  promised  to  consider  it  during  the 
coming  vacation.  Relying  on  this  promise, 
and  that  judgment  would  consequently  be  de- 
ferred until  the  decision  of  the  Supreme  Court, 
Mr.  Barker  made  no  preparation  to  meet  the 
case  sooner. 

On  the  last  day  of  the  term,  when  but  for 
the  aforesaid  arrangement  it  would  have  been 
regular  for  judgment  to  have  been  pronounced, 
the  recorder,  on  going  into  court,  met  Dudley 
Selden,  esq.,  the  friend  of  Mr.  Barker,  and 
informed  him  that,  if  he  had  anything  to  say 
on  the  subject  of  his  case,  it  must  be  said 
before  one  o'clock  that  day.  Mr.  Barker  was 
notified  thereof,  and  hastened  to  the  court  for 
the  purpose  of  remonstrating.  On  his  way 
thither  he  had  the  good  fortune  to  meet  his 
friend,  Thomas  Addis  Emmett,  esq.,  who  ac- 
companied him  to  the  court  and  made  the 
following  speech : 

EXTRACTS    FROM    MR.  EMMETT's  SPEECH. 

"Under  any  other  circumstances  I  should 
consider  an  apology  due  from  me  for  the  unpre- 
pared state  in  which  I  undertake  to  discuss  the 
questions  now  before  the  court.  It  was  not 
until  after  the  opening  of  the  court  this  clay 
that  I  was  retained  as  counsel  in  this  case; 
and  the  circumstances  of  this  trial,  connected 
with  the  facts  set  forth  in  the  affidavit  read  to 
the  court,  induced  me  to  believe  that  au  argu- 
ment would  not  now  be  required. 

"Although  unprepared,  I  hope,  from  general 
reasoning  upon  the  law  of  libel,  to  be  able  to 
satisfy  the  court  that  they  ought  not  to  suffer 
sentence  to  pass  against  the  defendant.  The 
argument  I  am  about  to  offer  to  the  court  I  can 
present  with  the  more  confidence,  from  being 
able  to  say,  that  when  I  read  the  testimony  and 
proceedings  on  this  trial  in   the  public  news- 


EXTRACTS   FROM   MR.    EMMETT'S   SPEECH. 


185 


papers,  and  before  I  was  engaged  in,  or  could 
have  anticipated  any  connexion  with  this 
cause,  when  it  passed  under  my  review  merely  as 
a  common  observer,  noting  it  among  the  occur- 
rences of  the  day,  I  was  surprised  at  the  law 
laid  down  in  the  course  of  the  trial,  and  seri- 
ously doubted  its  accuracy. 

''Setting  aside  the  particular  facts  of  this 
case,  it  seems  to  me  that  a  rule  has  been  laid 
down  by  this  court  which  is  matter  of  vast 
public  concern,  and  which  it  behooves  us  all  to 
examine  well,  if  we  would  sustain  the  liberty  of 
the  press,  and  give  full  and  proper  scope  to  the 
freedom  of  discussion. 

"I  need  not  tell  the  court  that  I  allude  to 
that  rale  wherein  they  have  said  that  malice  is 
not  a  constituent  part  of  the  offence  to  be 
passed  upon  by  the  jury;  and  wherein  they 
have  also  said,  that  unless  the  defendant  can 
prove  the  truth  of  the  libel,  proof  of  the  motive 
with  which  he  published  it  is  not  to  be  ad- 
dressed to  the  jury,  but  to  the  court  in  mitiga- 
tion of  punishment,  after  the  verdict  has  been 
rendered. 

"Can  this  be  law?  In  a  civil  action  for  a 
libel,  malice  is  the  gist  of  the  offence,  either  to 
be  inferred  from  the  libel  itself,  or  proved  from 
extraueous  facts.  Much  more  so  in  an  indict- 
ment. I  scarcely  know — indeed,  I  may  say, 
there  is  not  in  the  whole  range  of  criminal  law 
a  case,  except  where  an  act  has  been  created 
a  positive  offence  by  statute,  where  the  motives 
of  the  defendant  do  not  become  the  subject  of 
proof  before  the  jury.  In  murder  there  must 
be  predetermined  malice  proved  or  inferred. 
Even  in  manslaughter  accidental  killing  is  not 
enough — there  must  be  proof  of  sudden  passion, 
or  death  arising  from  an  intentional  wrong  of 
some  kind. 

"Let  me  not  be  understood  that  the  prosecu- 
tor must  prove  malice  apart  from  the  libel.  The 
doubt  which  may  arise  relative  to  the  propo- 
sition which  I  have  laid  down  is  not  on  account 
of  any  defect  in  the  proposition,  but  in  the  in- 
troduction and  application  of  testimony.  Thus, 
in  murder,  when  it  is  proved  that  one  man 
killed  another,  the  jury  may  infer  from  proof 
of  the  fact  and  manner  of  killing,  that  it  was 
done  maliciously,  but  it  will  not  be  urged  that  the 
party  charged  cannot  show  it  was  done  in  self 
defence.  So  in  libel,  the  jury  may  infer  from 
reading  the  libel  itself  that  the  motive  of  the 
publication  was  malicious,  and  they  ought  so  to 
infer  when  it  calumniates  character  without 
cause  and  without  excuse — yet  still  the  pub- 
lisher may  show  from  other  parts  of  the  pub- 
lication, and  from  extrinsic  facts,  that  the  pub- 
lication was  without  malice  and  for  justifiable 
cause. 

"It  may,  perhaps,  be  said  that  malice  is  a 
questiua  of  law  and  not  of  fact.  To  a  certain 
extent  high  authorities  may  be  produced  to 
support  and  contradict  that  position,  but  only 
to  a  certain  extent;  for  I  believe  it  never  has 
been  maintained  except  where  the  defendaut 


has  offered  no  evidence  to  establish  a  justifying 
excuse.  Where  he  baa  offered  any,  that,  and 
with  that,  the  whole  matter  must  be  submitted 

to  the  jury.  But  as  it  is  unnecessary  to  discuss 
that,  point,  I  shall  content  mj8elf  with  saving 
that  1  think  the  judges  who  have  consid(  r  1 
malice  under  any  circumstances  as  an  inference 
of  law,  have  confounded  prima  fad  presump- 
tions from  uncontradicted  and  unexplained 
testimony,  and  therefore  conclusive  presump- 
tions from  evidence,  with  legal  inferences^  I 
do  not  believe  that  malicious  intention  is 
properly  a  presumption  of  law,  either  in  civil 
or  criminal  cases;  but  even  if  it  be,  that  can 
make  no  difference  in  criminal  prosecutions, 
wherein  our  system  of  the  law  expressly  pro- 
vides that  the  jury  are  judges  of  the  law  as 
well  as  of  the  facts,  and,  therefore,  in  either 
point  of  view  they  are  to  pass  on  the  intention 
of  the  publisher  as  a  constituent  part  of  the 
offence.  Two  of  the  jurors,  at  different  times, 
clearly  expressed  their  opinions  that  malice 
was  not  imputable  to  Mr.  Barker;  perhaps  the 
others  thought  the  same  thing.  So  strong  was 
that  opinion,  that  the  jury  came  in  to  ask  the 
opinion  of  the  court  whether  they  might  acquit 
the  defendant  if  they  thought  he  had  no  malice. 
To  which  the  court  replied,  by  the  charge  of 
which  I  most  respectfully  but  strenuously  com- 
plain. Suppose  the  jury  had  brought  in  their 
verdict  that  Mr.  Barker  had  published  the 
matter  set  forth  in  the  indictment,  but  not 
maliciously,  could  the  court  consider  this  any- 
thing but  a  general  verdict  of  acquittal?  At 
any  rate,  could  the  court  convict  the  defendant 
on  it?  How  then  can  it  be  said  they  have 
nothing  to  do  with  the  question  of  malice  or  no 
malice  when  their  verdict  negativing  it  would 
have  acquitted  the  defendant?  And  can  any 
man  undertake  to  say,  that  if  the  jury  had  not 
received  this  explicit  or  erroneous  charge  from 
the  court,  they  would  ever  have  brought  in  a  ver- 
dict of  guilty  ? 

"During  the  struggles  in  England  relative  to 
the  law  of  libel,  I  do  not  believe  that  it  was  ever 
seriously  contended  that  malice  was  not  at  the 
foundation  of  the  offence,  in  all  the  inroads 
which  were  made  upon  the  law  of  libel  before, 
and  more  especially  by,  Lord  Mansfield  and  his 
successors,  and  to  restore  which  tin  ait  ol  Par- 
liament was  passed,  the  doctrine  that  the 
malicious  intent  of  the  writer  or  publisher  was 
not,  either  as  matter  of  law  or  fact,  the  lest 
whereby  the  crime  was  to  be  judged,  was  never 
avowed.  I  consider  that  the  decisioua  which 
went  to  restrain  the  rights  of  jurors  to  judge. 
whether  the  publication  was  a  libel  w  not — 
whether  it  improperly  reflected  upon  the  con* 
duet  or  character  of  the  pro»  cutor  which  pre- 
vented the  truth  from  being  evidence,  were  in- 
novations upon  the  common  law,  and  that  the 
intervention  of  legislative  power  was  not  to 
Correct  any  error  or  supply  any  deficiency  in 
that  law,  but  to  put  an  end  to  tin.'  innovations 
upon  the  righls  of  jurors  which  Lord  Manslield 


186 


LIFE   OF  JACOB   BARKER. 


particularly  had  attempted  to  make.  The 
English  statutes  and  our  statutes  were  passed 
not  for  the  purpose  of  giving  more  extended 
liberty  to  writers  and  publishers,  but  to  restore 
these  rights  in  those  parts  where  they  have  been 
invaded,  and  for  that  reason  their  phraseology 
and  provisions  are  confined  to  those  rights. 
We  must,  therefore,  not  look  to  the  statutes  for 
the  purpose  of  ascertaining  what  defence  the 
publisher  may  make,  or  to  show  to  what  extent 
he  may  prove  his  motives,  or  that  he  published 
without  malice,  but  we  must  look  to  the  com- 
mon law,  and,  although  the  statute  says  nothing 
as  to  the  malicious  intent  of  the  party,  the 
strong  and  only  inference  is,  that  in  this  par- 
ticular the  rights  of  the  press  had  not  been 
openly  violated. 

"  If  the  motives  of  the  party  be  matter  to  be 
passed  upon  by  the  jury  as  a  constituent  part 
of  the  offence,  then  I  say  proof  of  those  motives 
is  to  be  addressed  to  them,  and  not  to  the  court, 
in  mitigation  of  punishment.  Nothing  is  to  be 
submitted  exclusively  to  the  court  by  affidavit 
that  goes  to  the  gist  of  the  crime.  The  facts 
which  are  to  be  presented  to  the  court  in  miti- 
gation are  properly  those  which  cannot  be 
resorted  to  as  a  defence — facts  which  do  not 
go  to  show  that  a  verdict  of  guilty  ought  not  to 
be  rendered,  but  that,  although  the  crime  has 
been  committed,  it  has  been  committed  under 
such  circumstances  as  to  call  for  mercy,  even 
at  the  hands  of  justice. 

"If  I  am  right  in  what  I  have  said,  then  the 
defendant  ought  to  have  been  allowed  to  give 
in  evidence  any  facts,  whether  they  constitute 
a  part  of  the  publication  or  not,  which  can  by 
any  possibility  be  associated  with  the  motive 
for  publication,  however  slight  that  connexion 
may  be,  and  the  jurors,  either  as  passing  on  the 
law  or  the  fact,  are  to  judge  of  the  motive, 
whether  just  or  malicious,  and  the  weight  and 
bearing  of  the  testimony.  Were  it  otherwise, 
the  court,  by  keeping  back  the  testimony,  would 
constitute  themselves  the  sole  judges  of  the  pur- 
pose of  the  publication,  and  of  the  malice  of  the 
publisher.  Under  this  view  it  appears  to  me 
that  the  testimony  which  was  rejected  by  the 
court,  and  which  is  set  forth  in  the  third"  and 
fourth  points  of  the  case  read,  ought  to  have 
been  admitted.  As  to  the  pamphlet  itself,  it 
seems  to  me  not  susceptible  of  a  doubt,  but 
that  the  defendant  was  entitled  to  have  the 
whole  or  any  part  of  it  read. 

"  But  let  us  examine  the  libel  itself  as  set 
forth  in  the  indictment,  and  the  testimony  given 
for  the  purpose  of  seeing  whether  the  testimony 
offered  ought  not  to  have  been  received,  in  or- 
der to  show  the  truth  of  the  publication. 

"  The  nature  of  that  publication,  I  confess, 
as  treated  by  the  court,  seems  to  me  to  have 
been  misunderstood.  It  has  been  taken  for 
granted  as  charging  Mr.  Hatfield  with  corrupt 
conduct,  and  on  that  interpretation  of  it  most 
of  the  decisions  of  the  court  depend.  I  view  it 
differently.     It  charges  no  corruption  on  Mr. 


Hatfield  ;  it  only  states  facts,  from  which  the 
reader  would  be  led  to  infer  corruption  ;  but  it 
would  be  the  inference  of  the  mind,  not  the  al- 
legation of  Mr.  Barker.  He  stated  them  as  cir- 
cumstances which  caused  him  alarm  and  anx- 
iety, and  he  did  no  more.  As  to  him,  then, 
the  only  inqury  should  have  been,  Were  the 
facts  true?  Were  the  alarm  and  anxiety  real? 
And  had  they  a  rational  foundation?  If  these 
matters  were  proved,  he  could  certainly  avail 
himself  of  the  constitutional  defence,  that  he 
published  the  truth,  with  good  motives  and  for 
a  justifiable  end  ;  and  as  the  first  thing  to  be 
proved  was  that  he  published  the  truth,  he 
should  have  been  permitted  to  give  in  evidence 
everything  that  tended  to  prove  the  truth  of  the 
facts  he  had  stated  in  his  publication. 

"  In  addition  to  other  facts,  he  has  proved 
that  after  the  general  panel  had  been  drawn, 
which  consisted  of  two  hundred,  he  informed 
Mr.  Strong  that  there  were  three  on  that  panel 
who  ought  not  to  sit  on  a  jury  to  try  him,  that 
they  were  personally  hostile  to  him,  and  that 
Mr.  Davenport  and  Mr.  Norwood  were  two  of 
them,  and  he  thinks  Mr.  Mead  was  the  third. 
That  Mr.  Davenport  was  the  first  juror  drawn 
from  that  panel,  and  Mr.  Norwood  the  second, 
and  Mr.  Mead  the  fifth — that  the  mode  in  which 
the  box  containing  the  ballots  of  jurors  was 
shaken  by  Mr.  Hatfield  attracted  the  observa- 
tion of  a  bystander,  who  thought  it  was  moved 
in  a  manner  not  to  agitate  the  ballots ;  and  at 
the  time  it  so  much  excited  the  defendant's  at- 
tention that  he  went  to  the  clerk  and  asked  for 
liberty  to  shake  the  ballot-box,  which  was  re- 
fused. This  testimony  was  given  or  offered  to 
prove  the  truth  of  the  libel,  by  showing  that  the 
facts  averred  in  the  publication  were  truly 
stated,  that  there  was  apprehension,  (and,  if 
the  court  please,  good  ground  to  apprehend,) 
as  to  the  accidental  drawing  of  the  jury,  and 
that  the  mind  of  the  defendant  was  truly  and 
justifiably  filled  with  doubt  and  alarm.  In- 
deed, there  is  but  one  assertion  upon  the  face 
of  this  libel  the  truth  of  which  is  not  entirely 
proved. 

"  I  humbly  contend  that  the  court  erred  in 
their  view  of  the  publication  when  they  charged 
the  jury  that  they  must  either  convict  Mr.  Hat- 
field, a  witness  in  the  case,  or  Mr.  Barker.  As 
the  bringing  home  a  paper  by  the  accredited 
agent,  who  received  it  from  a  member  of  the 
legislature,  was  not  criminal,  and,  therefore,  if 
an  innocent  though  mistaken  allegation  of  that 
kind  was  made,  it  was  not  a  libel ;  and  also, 
that  the  court  erred  when  they  rejected  all 
proof  that  did  not  go  to  establish  corruption  in 
Mr.  Hatfield,  and  refused  to  admit  proof  of  the 
facts  stated  in  the  publication  as  the  founda- 
tion for  the  defendant's  alarm,  and  which  would 
unquestionably  show  that  there  was  very  justi- 
fiable cause  for  alarm. 

"If  we  examine  the  facts  admitted  to  have 
been  proved  by  the  defendant,  as  they  must 
have  presented  themselves  to  his  mind,  it  must 


MEMORIAL   FOR    THE   REMOVAL   OF   RldlARD    RTKER. 


187 


be  obvious  that  it  would  have  required  more 
than  common  confidence  in  individual  integ- 
rity, not  to  have  apprehended  that  this  was  not 
all  the  result  of  accident,  and  more  especially 
when  we  consider  the  situation  of  the  defendant 
as  one  on  trial.  Here  are  twelve  jurors  to  be 
drawn  from  a  panel  of  two  hundred,  the  chance 
that  Mr.  Davenport  was  to  be  drawn  first  was 
as  one  to  two  hundred.  The  chance  that  Mr. 
Davenport  and  Mr.  Norwood  would  be  drawn 
the  two  first,  was  as  the  square  of  two  hun- 
dred, or  as  one  to  forty  thousand.  When  we 
consider,  in  connexion  with  this,  that  Mr. 
Mead  was  also  on  the  jury,  that  the  chances 
that  Mr.  Davenport,  Mr.  Norwood,  and  Mr. 
Mead,  the  only  three  persons  previously  desig- 
nated as  objectionable  and  hostile  by  Mr.  Bar- 
ker, would  not  all  be  on  the  jury  would  be  infi- 
nitely greater;  and  further,  that  the  two  first 
jurors  might  become  triers  of  the  qualifications 
of  the  other  jurors,  and  admit  them  into  the 
jury  box,  and  that  these  two  jurors  were  the 
personal  enemies  of  the  defendant;  and  I  ask 
"what  ordinary  mind  could  withstand  the  con- 
clusion that  all  was  not  accidental  in  the  draw- 
ing of  the  jury?  With  chances  forty  thou- 
sand— yes,  forty  millions — to  one  against  the 
happening  of  an  event  that  did  happen,  at- 
tended with  the  other  circumstances  which  arose 
on  that  trial,  who  will  tell  me  that  the  mind  of 
any  man  whose  interests  were  deeply  involved 
in  the  result  would  have  no  misgivings — that 
the  party  on  trial  would  be  filled  with  doubt 
and  alarm?  It  is  impossible;  a  mind  so 
situated  could  not  resist  such  doubts — no  con- 
fidence is  strong  enough  to  encounter  these 
things  and  not  hesitate.  I,  who  in  these  latter 
days  are  more  ready  to  set  down  extraordinary 
events  to  the  roguery  of  man  than  to  miracu- 
lous interposition,  would  have  doubted.  If  the 
jurors  had  all  the  matters  put  before  them, 
they  must  have  believed  that  there  was  good 
ground  for  doubt,  apprehension,  and  alarm." 

This  speech  availed  nothing,  the  recorder, 
being  bent  on  his  purpose,  proceeded  to  fine 
Mr.  Barker  for  the  allegsd  offence  $2.30  in  each 
case  ;  they  were  taken  to  the  supreme  court, 
which  decided  that  the  penalty  being  inflicted, 
and  the  money  paid,  they  could  not  interfere  ; 
that  if  they  should  reverse  the  judgment  their 
decison  would  be  a  nullity,  the  money  having 
passed  beyond  its  control  ;  that  the  court  never 
allowed  itself  to  do  a  thing  which,  when  done, 
would  be  a  nullity. 

For  the  particulars  of  the  further  action  of 
the  recorder  in  the  matter  and  the  proceedings 
before  the  supreme  court,  the  reader  is  referred 
to  the  petition  of  Mr.  Barker  to  his  Excellency 
Martin  Van  Buren,  the  governor  of  the  State, 


complaining    of  the  conduct  of  the   recorder 
which  was  as  follows: 

»  UBMOBIAL 
"To  the  Governor.  I'm-  Ihr  n  moval  <>/'  "Richard 

Hiker,  Recorder  of  the  city  <;/'.Y<  /'•  Fork. 

"Jacob  Barker,  of  the  city  of  New  York, 
merchant,  respectfully  represents  to  His  Ex- 
cellency Martin  Van  Buren,  Governor  of  the 
State  of  New  York,  that  there  was  a  very  dan- 
gerous combination  formed  in  the  year  1826) 
by  Richard  Riker,  recorder  of  the  said  city  of 
New  York,  together  with  several  aldermen  of 
the  said  city,  and  many  other  persons,  some  of 
whom  also  held  judicial  and  official  statious  in 
the  said  city,  which  combination  was  a  breach 
of  trust  on  the  part  of  most  or  all  of  the  par- 
ties concerned  therein,  and-very  disastrous  in  its 
consequences  to  the  Tradesmen's  Bank,  and 
the  Life  and  Fire  Insurance  Company,  and, 
consequently,  to  the  creditors  of,  and  the  per- 
sons interested  in  those  institutions.  That  this 
combination  was  denominated  a  fraudulent 
conspiracy,  and  your  memorialist  was  prose- 
cuted as  a  party  thereto,  although  he  was  not 
only  innocent,  but  ignorant  of  the  matters 
charged  in  the  bill  of  complaint;  and  although 
he  was  absent  from  the  State  of  New  York,  on 
a  visit  at  Nantucket,  when  such  combination 
or  conspiracy  was  formed.  That  Hugh  Max- 
well, the  district  attorne}',  was  induced  to 
abandon  the  prosecution  of  nearly  all  the  real 
parties,  and  to  devote  his  utmost  energies 
against  your  memorialist;  and  while  these 
proceedings  were  going  on,  accepted  of  large 
fees  from  some  of  the  real  parties,  under  the 
pretence  of  serving  them  in  some  civil  busi- 
ness. That  at  the  same  time  the  said  recorder, 
and  other  members  of  the  common  council  of 
the  said  city,  who  were  implicated  in  the  un- 
fortunate stock  transactions  in  the  year  1826f 
induced  the  said  common  council  to  lavish  the 
public  treasure  on  the  said  district  attorney  by 
increasing  his  salary  one  thousand  dollars  per 
annum, expressly  on  the  ground  of  his  increased 
duties,  which  increase  grew  out  of  his  extra- 
ordinary exertions  in  the  proceedings  com- 
plained of.  That  they  also  induced  them  to 
appropriate  the  funds  of  the  said  city  to  the 
payment  of  five  hundred  dollars  to  Seth  P.  Sta- 
ples, esq.,  a  lawyer  from  the  state  of  Connecti- 
cut, recently  established  in  the  said  city,  and 
who  had  been  previously  employed  to  defend 
Matthew  Reed,  one  of  the  said  aldermen  con- 
cerned in  the  said  combination  or  conspiracy, 
and  five  hundred  dollars  to  Ogden  Hoffman, 
esq.,  and  large  sums  to  other  counsel,  to  assist 
in  such  proceedings,  and  to  the  payment  of 

other  great  expenses  attending  these That 

the  said  district  attorney  received  his  spoint- 
ment  from  the  court  of  which  the  recorder  and 
all  the  aldermen  of  the  said  city  arc  members, 
and  is  dependent  upon  their  pleasure  for  his 
continuance  in  said  office.     That  the  .-aid  EUchr 


188 


LIFE    OF   JACOB   BARKER. 


ard  Riker  was  examined  as  a  witness  on  the 
trial  for  the  said  alleged  conspiracy,  at  which 
time  he  was  in  possession  of  a  contract  for  the 
purchase  and  sale  of  one  half  of  the  stock  of 
the  said  Tradesmen's  Bank,  which  contract  he 
did  not  produce,  and  which,  if  he  had  produced 
it,  would  have  developed  the  real  parties  to  the 
alleged  conspiracy,  and  have  led  to  testimony 
that  would  have  established  your  memorialist's 
freedom  from  offence.  That,  misled  by  the 
perjury  of  witnesses,  by  the  suppression  of 
facts,  by  the  misapprehension  of  the  law  on  the 
part  of  Judge  Edwards,  who  presided  on  the 
said  trials,  by  the  misstatement  of  testimony 
made  by  the  said  judge,  probably  arising  from 
his  deafness,  and  by  the  said  district  attorney's 
combining  together  so  many  transactions  and 
individuals  for  alleged  offences  separate  and 
distinct  from  each  other,  insomuch  that  the 
said  judge  declared  that  the  human  mind  was 
scarcely  capable  of  comprehending  the  whole, 
the  petit  jury  was  induced  to  pronounce  an 
opinion  on  the  mystery  unfavorable  to  your  me- 
morialist. That  your  memorialist  knowing  him- 
self to  be  innocent,  and  that  there  had  been 
dreadful  frauds  resorted  to  in  creating  such 
mystery,  published  an  appeal  to  his  fellow  citi- 
zens, in  which  he  drew  inferences  unfavorable 
to  some  of  the  officers  of  the  court  and  jury. 
That  he  may  have  been,  and  no  doubt  was  mis- 
taken in  ascribing  improper  motives  to  some 
of  them,  but  his  peculiar  situation,  his  igno- 
rance of  the  facts  which  have  since  been  de- 
veloped, and  his  knowledge  that  there  was 
fraud  somewhere,  will,  he  hopes  and  trusts, 
furnish  good  reasons  to  believe  that  his  publi- 
cation was  without  malice. 

u  And  your  memorialist  further  represents, 
that  for  such  publication  the  said  district  attor- 
ney procured  two  several  bills  of  indictment 
for  libel  against  your  memorialist,  the  one  for 
a  libel  upon  Abraham  B.  Mead,  one  of  the 
jury,  and  the  other  for  a  libel  upon  Richard 
Hatfield,  clerk  of  the  court  of  oyer  and  termi- 
ner, which  he  tried  before  the  court  of  sessions, 
in  which  the  said  Richard  R  ker  presided. 
That  the  indictment  for  a  libel  on  the  said 
Richard  Hatfield  was  first  tried.  That  the  said 
Richard  Riker  there  refused  to  allow  your  me- 
morialisttoprove  that  there  was  no  malice  in  the 
said  publication,  noted  the  exceptions  made  by 
your  memorialist,  and  promised  to  give  him 
an  opportunity  of  having  the  case  reviewed  be- 
fore the  supreme  court.  That  relying  upon 
that  promise,  and  upon  the  certainty  that  his 
errors  were  palpable  and  conclusive,  and  alto- 
gether sufficient  to  render  void  the  whole  pro- 
ceedings, your  memorialist  declined  summing 
up.  That  the  said  Richard  Riker  charged  the 
j  ury  that  malice  was  not  necessary  to  sustain 
an  indictment  for  a  libel,  and  that  the  matters 
published  being  true  was  no  justification.  That 
by  such  means  he  induced  the  jury  to  pro- 
nounce the  said  publication  a  libel,  although 
they,  at  the  time,  declared  that  they  believed 


that  there  was  no  malice  in  such  publication. 
That  application  was  made  on  the  coming 
in  of  the  verdict  in  the  case  of  the  said  Richard 
Hatfield,  to  the  said  Richard  Riker  for  a  state- 
ment of  the  case  to  be  taken  to  the  supreme 
court,  and  he  promised  Dudley  Selden,  esq., 
the  counsel  of  your  memorialist,  that  the  sub- 
ject should  be  considered  during  the  coming 
vacation;  on  which  promise,  as  also  on  the 
previous  promise  of  giving  your  memorialist  an 
opportunity  of  having  the  case  reviewed,  your 
memorialist  relied,  and  did  not  prepare  to  op- 
pose a  final  decision  at  that  term.  That  on  the 
last  day  of  the  term,  the  said  Richard  Riker 
met  the  said  Dudley  Selden  as  he  was  going 
into  court,  and  stated  to  him,  that  if  your  me- 
morialist had  anything  to  say  on  the  subject  of 
his  case,  it  must  be  said  before  one  o'clock  on 
that  day.  That  your  memorialist  procured  the 
assistance  of  the  late  Thomas  Addis  Emmett, 
esq.,  who  reminded  the  said  Richard  Riker  of 
his  promise  to  consider  the  case  during  the 
coming  vacation,  and  pointed  out  the  unpre- 
pared state  of  your  memorialist  for  the  argu- 
ment, his  cause  for  alarm,  the  absence  of  mal- 
ice, and  the  errors  of  the  said  Richard  Riker  in 
rejecting  testimony,  and  in  laying  down  the 
law,  and  entreated  a  new  trial,  or,  at  any  rate, 
delay  until  the  opinion  of  the  supreme  court 
should  be  known,  but  all  was  unavailing,  That 
the  said  Richard  Riker  proceeded  immediately 
to  pass  sentence,  imposing  on  your  memorialist 
a  heavy  fine,  and  requiring  him  to  give  secu- 
rity in  his  own  bond  for  two  thousand  dollars, 
and  two  sureties  of  one  thousand  dollars  each, 
for  his  good  conduct  for  two  years.  That  this 
latter  condition  was,  in  the  opinion  of  your 
memorialist,  a  violation  of  the  constitution  of 
the  State,  and  that  had  your  memorialist  been 
guilty  of  the  most  malicious  and  unprovoked  libel, 
it  would  in  no  wise  have  warranted  such  a  de- 
cision, much  less  was  the  said  Richard  Riker 
warranted  in  trampling  on  the  law,  and  vio- 
lating the  constitution,  to  oppress  your  memo- 
rialist, in  a  case  where  he  knew  the  innocence 
of  your  memorialist,  and  his  own  guilt,  in  rela- 
tion to  the  transactions  which  gave  rise  to  the 
imputations  against  your  memorialist,  and 
from  which  your  memorialist,  by  the  said  pub- 
lication, was  endeavoring  to  vindicate  himself. 
That  the  said  Richard  Riker  further  stated  from 
the  bench  when  he  ihus  imposed  a  fine  upon 
your  memorialist,  and  placed  him  under  the 
heavy  bonds  above  mentioned,  that  he  might 
have  been  much  more  severe;  thatthelawauthor- 
ized  him  to  send  your  memorialist  to  prison ; 
that  he  had  been  tampered  with  out  of  court, 
which  he  afterwards  said  was  to  induce  him  to 
send  your  memorialist  to  prison;  that  there- 
upon your  memorialist  demanded  that  the  said 
Richard  Riker  should  state  to  the  court,  and  to 
the  public,  the  names  of  the  persons  who  had 
thus  dared  to  tamper  with  a  court  of  justice, 
that  they  might  be  dealt  with  in  a  manner  be- 
fitting their  high  offence;  but  the  said  Richard 


MEMORIAL    FOR    THE    REMOVAL    OP    RICHARD    RIKER. 


ISO 


Biker  utterly  refused  to  give  publicity  to  their 
names,  or  exert  the  power  of  his  court  fcr  their 
punishment.  That  in  stating  the  case  for  the 
supreme  court,  the  said  Richard  Riker  omitted 
the  testimony  of  George  W.  Strong,  esq.,  and 
much  other  testimony;  erroneously  stated  the 
testimony  of  Samuel  H.  Macy,  and  denied,  or 
evaded  the  fact,  that  he  charged  the  jury  that 
malice  was  not  necessary  to  constitute  a  libel, 
and  inserted  in  his  statement  of  the  case,  a  de- 
ceptive clause  in  the  following  words: 

'"The  defendant  complains  that,  in  both  cases, 
injustice  has  been  done  to  him;  that  the  court 
and  the  jury  have  erred;  that  the  jury  have 
found  verdicts  against  him  contrary  to  the  evi- 
dence, and  that  the  court  has  misconceived  the 
law;  that  the  court,  in  the  first  case,  not  only 
excluded  testimony,  which  ought  to  have  been 
admitted,  but  rendered  a  judgment  not  war- 
ranted  by  law,  and,  in  both  cases,  misdirected 
the  jury.  If  this  be  so,  if  the  court  has  mis- 
taken the  law,  or  the  jury  found  contrary  to 
the  facts,  Mr.  Barker  ought  to  have  relief.  It 
is  always  the  duty  of  the  court  to  give  to  the 
accused  in  a  criminal  case  every  legal  advan- 
tage. The  maxim  that  it  is  better  for  ten  guilty 
men  to  escape  than  that  one  innocent  man 
should  suffer,  has  its  foundation  in  the  un- 
changeable principles  of  equity,  as  well  as  of 
humanity.  If,  therefore,  the  jury  have  found 
verdicts  not  justified  by  the  proof,  if  the  court 
has  rejected  any  evidence  which  ought  to  have 
been  admitted,  if  the  court  misdirected  to  the 
prejudice  of  the  defendant,  or  has  rendered  a 
judgment  not  warranted  by  law,  the  mistake 
of  the  court,  or  the  misfinding  of  the  jury 
ought  to  be  corrected.  Every  impartial  tribu- 
nal, and  every  upright  judge,  can  have  no  wish 
but  to  do  justice,  according  to  law.  If  an  error 
be  committed,  especially  if  against  the  accused, 
let  it  be  set  right. 

u  '  To  enable  the  defendant  to  avail  himself  of 
any  error  committed  by  the  court  or  jury,  the 
court  will  now  proceed  to  state  all  the  material 
facts  and  circumstances  which  arose  in  each 
case,  and  all  the  material  principles  of  law 
which  were  ruled  by  the  court.  If  anything 
essential  fo  a  just  decision  of  either  of  the 
cases  shall  be  omitted  by  the  court,  the  defend- 
ant may  supply  it  by  affidavit,  which  will  be 
certified  by  this  court,  so  far  forth  as  it  may  be 
correct.' 

"  And  your  memorialist  further  represents 
that  the  said  Richard  Riker  denied  your  me- 
morialist and  his  counsel  all  participation  in 
making  up  the  said  statement,  and  would  not 
allow  either  of  them  to  see  it  until  he  should 
have  pronounced  it  in  court,  where  he  read  it 
from  the  bench,  and  handed  it  immediately  to 
a  reporter  for  the  newspapers  for  publication. 
That  your  memorialist  protested  against  such 
a  course,  and  entreated  th^  said  Richard  Riker 
not  to  poison  the  public  mind  with  a  publica- 
tion fraught  with  errors  and  falsehoods,  until 
he  should  have  an  opportunity  of  having  it 


corrected,  agreeable  to  the  promise  contained 
in  that  very  statement  That  all  the  efforts  of 
your  memorialist  were  unavailing,  and  the  said 

reporter  took  away  from  court  the  said  case 
thus  real.  That,  it  not  appearing  in  the  news- 
papers for  some  days,  your  memorialist  inquir- 
ed the  cause,  and  learned  thai  th  oenta 
of  the  editor  to  whom  it  had  been  hand)  d,  with 
the  business  of  a  theological  convention  then 
in  session,  had  prevented  its  publication  for  a 
few  days.  That  your  memorialist  availed  him- 
self of  this  delay  by  attempting  to  procure  a 
sight  of  the  said  statement  lor  the  purpose  of 
correction,  before  it  should  be  published,  his 
then  critical  situation  rendering  it  particularly 
desirable  that  no  further  excitement  should  be 
created  in  the  public  mind  against  him;  but 
his  efforts  were,  as  before,  unavailing,  and  the 
said  editor  assured  him  that  he  was  instructed 
not  to  let  any  one  see  the  said  statement,  and 
particularly  not  to  let  your  memorialist  see  it. 
That  after  the  publication  took  place  your  me- 
morialist availed  himself  of  the  apparent  fair- 
ness of  the  promise  therein  contained,  and  pre- 
sented his  own  affidavit  and  sundry  other  affi- 
davits to  the  said  Richard  Riker,  pointing  out 
his  errors  and  omissions,  particularly  detailing 
the  testimony  of  Samuel  H.  Macy  and  George 
W.  Strong,  that  of  Mr.  Macy  having,  as  afore- 
said, been  erroneously  stated,  and  that  of  Mr. 
Strong,  the  most  material  witness  in  the  cause, 
entirely  omitted ;  whereupon  the  said  Riker 
certified  to  the  accuracy  of  the  statement  of 
your  memorialist,  as  to  the  testimony  of  the 
said  George  W.  Strong,  recapitulating  it,  and 
as  to  that  of  the  said  Samuel  H.  Macy,  he  re- 
marked in  the  words  following: 

'"Mr.  Macy  swore,  as  stated  by  Mr.  Barker, 
that,  by  this  certificate,  it  will  be  seen,  that 
the  supreme  court  could  not  know  to  what  the 
said  Samuel  II.  Macy  had  testified,  without  the 
said  affidavit.  That,  notwithstanding,  the  said 
Richard  Riker,  unknown  to  your  memoria 
wrote  a  private  letter  to  the  judges  of  the  said 
supreme  court,  objecting  to  their  receiving  the 
affidavits,  and  consequently  requesting  in 
stance  that,  if  they  should  pass  judgment  at  all, 
they  should  pass  it  on  the  false  statement,  which 
leads  to  the  conclusion  that  the  said  Richard 
Riker  intentionally  denied  your  memorialist  a  fair 
trial;  that  he  intentionally  made  a  false  state- 
ment of  the  case;  that  being  conscious  thereof, 
he  inserted  the  deceptive  clause,  promising  to 
correct  his  errors,  if  there  were  any,  and  that  he 
never  meant  to  give  your  memorialist  an  oppor- 
tunity to  have  the  case  reviewed.  The  above 
mentioned  letter  was  in  the  following  words: 

"'court  of  GENERAL  SESSIONS. 
Jacob  Barker  ad.  The  People. — Libel  on  Rich- 
ard ii  yield. 
The  Same  ad.  The  Same. — Libel  on  Abraham 
I'.  Mt  ad. 

'"In   the   above   causes,  the  defendant  re- 
quested the  recorder  to  report  to  the  supreme 


190 


LIFE    OF   JACOB  BARKER. 


court  the  substance  of  the  evidence  and  the 
decision  of  the  court  upon  the  questions  of  law 
•which  arose  upon  the  trials.  Mr.  Barker  has 
lately  submitted  his  own  deposition,  and  the 
deposition  of  some  of  the  jurors  to  the  recorder, 
which  are  marked  "submitted."  It  is  proper 
that  the  supreme  court  should  be  apprised  that 
it  is  not  intended  by  the  court  below,  or  by  the 
recorder,  to  admit  either  the  accuracy  of  those 
depositions,  or  the  propriety  of  such  deposi- 
tions being  received. 

"  '  Respectfully  submitted,       R.  RIKER. 

u  '  To  the  Hon.  the  Judges 
of  the  Supreme  Court, 

New  York,  May  21,  1827.' 

"And  your  memorialist  further  represents? 
that  the  judges  of  the  supreme  court,  aware  of 
their  duty  not  to  permit  any  side  bar  influence, 
and  too  much  the  lovers  of  justice  to  allow 
any  secret  ex  parte  proceedings,  read  the  above 
letter  in  open  court,  and  declared  that  they 
considered  it  equivalent  to  a  request  that  they 
should  not  consider  the  case,  as  they  never 
gave  advice  at  the  instance  of  the  parties,  and 
only  when  requested  by  the  court  below.  That 
on  hearing  the  said  very  extraordinary  letter 
read,  your  memorialist  immediately  waited  on 
the  said  Richard  Riker,  and  demanded  a  certi- 
licate  that  the  court  below  did  request  the 
supreme  court  to  consider  the  case,  which  he 
gave  in  the  words  following: 

"'court  of  general  sessions. 

Jacob  Barker  ]  The  same 

ad.  V  ad. 

The  People.    J  The  same. 

"'It  was  the  desire  of  the  court  of  sessions, 
and  of  the  recorder,  that  the  report  and 
opinion  of  the  presiding  judge  should  be  re- 
viewed by  the  supreme  court,  but  we  did  not 
think  that  the  affidavits  ought  to  be  received. 

" 'Respectfully  submitted, 

'"R.  RIKER,  Recorder. 

"  'To  the  Hon.  the  Judges 
of  the  Supreme  Court, 
May  25,  1827.' 

"And  your  memorialist  further  represents, 
that  the  supreme  court  continued  to  refuse  to 
consider  the  case,  not  on  account  of  anything 
said  in  the  above  letters,  but  'because,'  as  the 
chief  Justice  remarked,  'the  court  below  had 
proceeded  to  pass  sentence  before  the  case 
could  be  got  before  them,  which  was  unprece- 
dented in  judicial  2^'oceedinys,  it  being  the 
universal  practice  (in  consulting  that  court)  to 
defer  sentence  until  the  opinion  of  the  supreme 
court  was  known.'  That  Judge  AVoodworth 
added,  '  and  this,  too,  when  the  counsel  for  the 
party  only  suggested  that  there  was  good  rea- 
son to  suppose  an  error  had  been  committed 
by  the  judge  who  tried  the  cause;  and  in  a 
case  where  that  judge  had  promised  to  give 
the  party  an  opportunity  to  have  the  case 
reviewed  by  the  supreme  court,  the  obligation 


to  have  suspended  further  proceedings  was 
much  greater;  yet  the  court  of  sessions  pro- 
ceed to  fine  Mr.  Barker,  and  the  money  has 
been  paid  and  passed  beyond  the  control  of 
this  court;  therefore,  if  it  should  interfere,  and 
attempt  to  reverse  the  proceedings  below,  such 
reversal  would  be  unavailing;'  and  that  Judge 
Sutherland  said,  'This  court  cannot  consent 
to  take  any  proceedings,  which,  when  taken, 
would  be  a  nullity.' 

"And  your  memorialist  further  states,  that 
on  the  aforesaid  trials  for  libel,  the  said  Rich- 
ard Riker,  by  charging  the  jury  that  malice 
was  not  necessary  to  sustain  an  indictment  for 
a  libel,  procured  the  conviction  of  your  memo- 
rialist. That  he,  in  substance,  denied  in  the 
written  statement  that  he  had  so  charged,  and 
as  your  memorialist  is  constrained  to  believe, 
for  the  purpose  of  depriving  your  memorialist 
of  the  benefit  of  urging  the  absence  of  malice, 
and  for  the  same  purpose  he  omitted  the  testi- 
mony of  George  W.  Strong,  as  before  stated; 
that  this  was  the  most  material  point  in  the 
case,  and  on  which  your  memorialist  was  anx- 
ious to  obtain  the  opinion  of  the  higher  courts, 
as  well  from  a  desire  to  preserve  the  liberty  of 
the  press,  as  to  protect  his  own  rights.  And 
your  memorialist,  to  show  the  pointed  manner 
in  which  the  said  Richard  Riker  laid  down  the 
law  in  this  respect,  and  the  effect  it  had  on  the 
jury,  begs  leave  to  refer  to  the  following  afli- 
davits. 

" ' Court  of  General  Sessions  of  the  Peace  in  and 
for  the  city  and  county  of  New  York. 

Jacob  Barker") 

ads.  > 

The  People,     j 

"'Edmund  Haviland,  being  duly  affirmed, 
saith,  that  he  was  one  of  the  late  jury  which 
convicted  Jacob  Barker  of  publishing  a  libel 
on  Richard  Hatfield;  that  after  the  recorder 
had  delivered  his  charge  to  the  jury,  and  when 
they  were  about  retiring  to  deliberate  on  this 
case,  this  affirmant  inquired  of  the  recorder, 
'Must  we  convict  Jacob  Barker  although  we 
should  think  there  was  no  malice?'  To  which 
the  recorder  replied  'Most  certainly.'  This 
affirmant  further  states,  but  for  this  he  should 
not  have  agreed  to  the  verdict. 

"'EDMUND   HAVILAND. 

"  'Affirmed  before  me,  this  17th  day  of  May, 
1827. 

"(W.  SEAMAN,  Commissioner:" 

"  'Court  of  General  Sessions  of  the  peace  in 
and  for  the  city  and  county  of  Kew  York. 
Jacob  Barker 

ads. 
The  people. 
"  'William  Galloway,  being  duly  sworn,  testi- 
fieth  and  saith,  that  he  was  one  of  the  jury 
which  tried  Jacob  Barker  for  publishing  an  al- 
leged libel  on  Richard  Hatfield,  aud  that  the 


MEMORIAL    FOR    THE   REMOVAL    OF    RICHARD    BIKER. 


191 


recorder  stated  the  law  to  the  jury  in  such  a 
manner  as  for  it  to  appear  that  malice  was  not 
necessary  to  constitute  a  libel,  and  that  after 
the  jurv  retired,  several  of  them  stated  to  this 
deponent  that  they  did  not  believe  the  defen- 
dant was  influenced  by  any  malicious  inten 
tion,  but  that  as  the  recorder  had  charged  that 
that  made  no  difference,  they  lelt  it  to  be  their 
duty  to  agree  to  a  verdict  of  guilty.  This  de- 
ponent further  testifies,  that  he  does  not  now 
believe,  aud  never  did  believe,  that  Jacob  Bar- 
ker either  wrote  or  published  the  book  in  ques- 
tion with  any  malicious  intention. 

'•'WILLIAM  GALLOWAY. 
u  '  Sworn  this  18th  day  of  May,  1827,  before 
me, 

'"JAMES  OSWALD  GRIM, 
" '  Commissioner  to  take  the  acknowledgment 
of  deeds,  dr.' '! 

u  l  Court  of  General  Sessions  of  the  peace  in 
and  for  the  city  of  New  York. 
Jacob  Barker] 
ads.  > 

The  people       ) 

11 '  Samuel  Candler,  being  duly  sworn,  testi- 
fieth  and  saith,  that  he  was  one  of  the  jury 
which  tried  Jacob  Barker  for  publishing  an  al- 
leged libel  on  Richard  Hatfield,  and  that  the 
recorder  stated  the  law  to  the  jury  in  such  a 
manner  as  for  it  to  appear  to  this  deponent 
that,  in  the  opinion  of  the  recorder,  malice  was 
not  necessary  to  constitute  a  libel ;  and  after 
the  jury  retired,  several  of  them  stated,  in  the 
presence  of  this  deponent,  that  they  did  not 
believe  the  defendant  was  influenced  by  any 
malicious  intention,  and  that  they  believed  he 
had  good  cause  for  alarm  :  that  this  deponent 
was  of  that  opinion,  and  he  believes  all  the 
jury  were  of  that  opinion. 

"  '  SAMUEL  CANDLER. 

"  '  Sworn  this  18th  day  of  May,  1827,  before 
me, 

"'BEN J.  DOUGLAS  SILLIMAN, 

"  'Commissioner,  &ci 

"And  your  memorialist  further  represents, 
that  in  the  opinion  of  your  memorialist,  the 
said  Richard  Riker  was  not  actuated  in  his 
aforesaid  conduct  by  any  vindictive  feelings 
towards  your  memorialist,  but  that  he  was 
under  the  influence  of  fear  that  his  own  con- 
duct in  relation  to  the  aforesaid  combination 
or  conspiracy  might  be  made  a  subject  of  in- 
quiry, and  tha*-,  to  prevent  such  injury,  he  lent 
himself  and  his  office  to  the  hostile  feelings  of 
others. 

"  And  your  memorialist  further  shows,  that 
the  said  Richard  Riker  was  examined  as  a 
witness,  before  Thomas  Bolton,  esquire,  a  mas- 
ter in  chancery,  in  the  month  of  November 
last,  in  a  suit  in  which  your  memorialist  was 
a  party,  relating  to  the  affairs  of  the  aforesaid 
institutions,  when  his  testimony  was  either 
wanting  in  candor  and  veracity,  or  his  recol- 


lection had  so  totally  failed  him  a-;  to  incapaet- 
tate  him  for  the  performance  of  the  duties  of 
recorder  of  the  said  city:  That  hi 
himself  the  counsel  of  Matthew  Reed,  the  late 
president  of  the  said  Tradesmen's  Hank,  who 
was  one  of  the  aldermen  of  the  said  city,  and 
of  course,  with  the  said  Richard  Biker,  a'j 
of  the  court  of  sessions  in  the  said  city,  when 
the   aforesaid   combination   or   c  was 

formed,  and  who  was  indicted  lor  the  same, 
and  liable  to  be  tried  in  the  said  court,  of 
which  the  said  Richard  Riker  was  presiding 
judge;  that  the  said  Richard  Riker  urged  he- 
fore  the  said  master  in  chancer)-,  his  being 
such  counsel  as  a  reason  why  he  was  not  then 
bound  to  produce  said  paper,  which  paper 
would  have  led  to  the  necessary  testimony  to 
establish  the  innocence  of  a  person  whom  he 
knew  to  have  been  falsely  accused. 

"And  your  memorialist  respectfully  insists, 
that  in  addition  to  the  judicial  errors  and 
frauds  committed  by  the  said  Richard  Riker, 
as  hereinbefore  described,  his  conduct,  as  guar- 
dian of  the  interests  of  the  billholders,  stock- 
holders, and  depositors  of  the  Tradesmen's 
Bank,  was  wanting  in  fidelity,  and  calculated 
to  sacrifice  the  interests  of  those  from  whom 
he  had  accepted  the  trust;  that  his  motive  for 
such  conduct  was  individual  gain,  and  that  if 
he  was  faithless  in  his  place  as  trustee,  in  that 
case,  he  certainly  is  not  fit  to  be  the  guardian 
of  the  public  chest,  and  much  less  of  the  pub- 
lic morals. 

"  And  your  memorialist  respectfully  requests 
that  your  excellency  will  recommend  to  the 
honorable  the  Senate  the  removal  of  the  said 
Richard  Riker  from  the  office  of  recorder  of 
the  city  of  New  York,  for  reasons  growing  out 
of  his  conduct  hereinbefore  stated.  Aud  if 
proof  should  be  deemed  necessary  before  such 
recommendation  takes  place,  your  memorialist 
respectfully  asks  leave  to  produce  testimony, 
and  pledges  himself  substantially  to  prove  the 
facts  hereinbefore  stated,  whenever  an  oppor- 
tunity shall  be  afforded  him  to  do  so. 

'•  Very  respectfully,  your  excellency's  obe- 
dient servant, 

"JACOB  BARKER 

"New  York,  January  23,  1829." 

The  governor  so  far  sustained  the  petition 
as  to  transmit  a  copy  to  the  recorder,  requiring 
an  answer  to  the  several  charge-.  Before  this 
answer  was  received,  Mr.  Van  Buren  accepted 
from  General  Jackson  the  appointment  o!  S 
retary  of  State,  vacating  the  executive  chair, 
leaving  it  to  be  filled  by  the  lieutenant  gover- 
nor, who  received  from  the  recorder  his  vindi- 
cation, and  let  him  off  mainly  on  his  own 
averment  that  he  meant  no  wrong  by  the  pro- 
ceedings of  which  Mr.  Barker  complained. 

Application  having  been  made  to  the  su- 


192 


LIFE   OF   JACOB   BARKER. 


preme  court  to  change  the  court  where  and 
before  whom  the  next  conspiracy  trial  was  to 
take  place,  &c,  Mr.  Barker,  among  other  things, 
said  : 

"  Believing,  as  I  do,  that  I  cannot  get  a  fair 
trial  except  I  be  tried  by  men  capable  of  un- 
derstanding the  merits  of  the  case  and  the  law, 
and  the  public  prosecutor  having  promised  me 
a  fair  trial,  I  will  now  test  his  sincerity.  It  is 
a  conceded  fact,  that  the  monied  interest  of  the 
city  have  considered  my  operations  for  the  last 
ten  years  as  adverse  to  their  interests,  and  have 
viewed  me  as  competing  with  them  for  the  same 
boon.  Hence  they  feel  a  degree  of  opposition 
or  hostility  to  me.  Yet  I  am  willing  to  be  tried 
by  them.  If  they  are  prejudiced,  I  am  not 
afraid  of  it.  There  is  too  much  integrity  and 
intelligence  among  them  for  there  to  be  any 
danger  of  my  cause  in  their  hands,  and  I  now 
propose  to  be  immediately  tried  at  the  bar  of 
this  court,  and  by  a  struck  jury;  that  the  panel 
jury  be  taken  from  the  presidents  of  all  the 
banks  in  this  city,  sixteen  in  number,  the  sur- 
plusage of  four  to  be  stricken  off  by  the  court 
after  hearing  argument.  Let  the  public  prose- 
cutor agree  to  this,  and  I  engage  not  to  chal- 
lenge a  single  man,  and  not  to  appeal  if  the 
verdict  should  be  against  me.  If  objections 
should  be  made  on  account  of  the  smallness  of 
such  a  general  panel,  let  the  cashiers  of  all  the 
banks  be  added,  which  will  make  thirty-two  ; 
and  if  the  general  panel  should  still  be  con- 
sidered too  small,  let  the  directors  of  all  the 
banks  be  added,  which  will  amount  to  two  or 
three  hundred,  and  will  make  the  panel  unu- 
sually large.  The  power  of  the  court  thus  to 
form  a  jury,  with  the  consent  of  both  parties, 
cannot,  I  think,  be  disputed;  but  if  am  mis- 
taken, there  are  many  other  ways  in  which 
they  can  direct  a  struck  jury;  but  if  I  cannot 
have  an  immediate  trial  at  the  bar  of  this  court, 
I  will  consent  to  the  records  being  sent  to  a 
distant  county  for  the  trial  of  the  others,  and 
as  soon  as  their  trial  is  over  I  shall  apply  to  ! 
this  court  to  bring  me  back  to  New  York  for  : 
trial,  as  I  can  never  consent  to  be  tried  else- 
where than  in  New  York,  unless  it  should  be-  j 
come  necessary  for  me  to  do  so  to  procure  jus- 
tice for  the  other  defendants.  I  have  grown 
up  with  the  city,  to  its  inhabitants  I  am  in- 
debted for  the  little  consideration  I  have  ob- 
tained, and  if  they  think  me  iinworthy  of  what 
they  have  freely  given,  let  them  take  it  back, 
let  them  deprive  me  of  it  at  pleasure,  let  them 
degrade  and  despise  me,  but  I  will  not  fly  from 
them.  I  will  not  attempt  to  seek  protection 
from  their  frowns  at  the  hands  of  distant  jurors. 
Be  public  opinion  favorable  or  unfavorable,  I 
am  anxious  to  meet  it.  Here  let  me  rise  or 
fall.  I  cannot  and  will  not  cpuit  my  home — a 
home  of  which  I  am  proud.  I  know  my  fel- 
low citizens  ai-e  just  and  generous,  and  although 
they  may  be  deceived  for  a  season,  truth  will 
ultimately  prevail.     There  are  many  reasons 


why  this  cause  should  not  go  back  to  the  court 
of  oyer  and  terminer:  they  are  to  be  found  in 
the  manner  in  which  that  court  is  constituted, 
principally  of  laymen,  totally  destitute  of  law 
knowledge  or  pretensions  thereto,  and  it  is 
composed  of  the  same,  or  nearly  the  same, 
members  as  constitute  the  court  of  sessions, 
where  the  two  libel  causes  were  tried ;  and 
these  causes  are  a  branch  of  the  conspiracy 
cause,  all  one  great  conspiracy  for  the  destruc- 
tion of  Jacob  Barker.  The  strange  positions 
assumed  by  the  judge  who  tried  the  aforesaid 
causes  are  sufficiently  within  the  knowledge  of 
this  court  to  remove  all  necessity  for  comment- 
ing on  them  here,  and  I  trust  will  furnish  suffi- 
cient reason  for  not  placing  my  cause  again 
into  their  hands.  Nearly  one-half  of  the  mem- 
bers have  sat  on  one  or  the  other  of  the  causes, 
and  two  of  the  members  are  by  law  ex  officio 
directors  of  the  United  States  Lombard  Com- 
pany, one  of  the  institutions  alleged  to  have 
been  defrauded.  William  P.  Rathbone  was  a 
member  of  that,  court,  and  you  have  the  re- 
corder's certificate  that  the  district  attorney 
had  testified  that  Rathbone  furnished  the  pa- 
pers on  which  the  public  prosecutor  endeavored 
to  procure  my  conviction  of  a  crime,  of  which 
crime  Rathbone  knew  me  to  be  innocent  when 
he  gave  the  papers.  Another  member  of  that 
court  was  also  indicted,  and  many  others  were 
found,  by  the  testimony  given  on  the  trials,  to 
have  been  implicated  in  the  transactions.  The 
court  of  oyer  and  terminer  severely  reprimanded 
me,  and  fined  me  $100  for  having  told  a  wit- 
ness of  a  mistake  he  had  made  in  his  testimony, 
in  which  mistake  I  detected  him  while  on  the 
stand.  At  the  same  time  they  imposed  this 
fine  the  presiding  judge  declared  that  the  court 
were  perfectly  satisfied  that  I  meant  no  disre- 
spect to  them,  and  the  court  of  oyer  and  ter- 
miner have  fined  me  twice,  $250  each  time,  for 
having  published  the  most  candid  and  sincere 
statement  of  my  cause  of  complaint  which  I 
had  the  power  of  writing — a  publication  totally 
void  of  malice — and  in  one  instance  for  the 
mere  publication  of  a  petition  presented  to  the 
court  by  permission  previously  obtained,  and 
which  petition  was  received  and  entertained  by 
the  said  court,  and  this  court  know  the  obsta- 
cles that  have  been  thrown  in  the  way  of  my 
getting  those  decisions  reviewed  here.  Under 
such  circumstances,  can  it  be  considered  proper 
to  send  me  back  to  be  tried  again  by  those 
men?  And  although  none  of  the  members, 
thus  circumstanced,  will  sit  on  a  new  trial  if  it 
should  be  sent  back  to  that  court,  yet  their  con- 
stant intercourse  with  the  other  members  on 
political  and  official  subjects  gives  them  an  im- 
perceptible influence  which  might  prove  very 
prejudicial  to  me,  without  the  members  who 
should  try  the  cause  intending  to  do  the  le^st 
wrong,  or  being  aware  of  such  influence.  I 
will  now  proceed  to  suggest  the  reasons  for  my 
asking  a  separate  trial,  and  to  be  allowed  to 
rise  or  fall  by  my  own  merits.     They  are,  that 


APPLICATION    FOR   A   SEPARATE   TRIAL. 


193 


the  case  is  so  complicated  that  the  human  Their  decisions  amount  to  nothing.  The 
mind  is  scarcely  capable  of  comprehending  it  manner  of  drawing  and  empanneUing  the  jury, 
in  its  present  form,  and  so  much  more  simple  who  convicted  of  conspiracy  without  examin- 
when  separated,  as  manifested  in  the  separate  iug  the  papers,  is  known  to  the  court,  and  this 
trial  of  General  Swift,  which  occupied  but  little  court  have  before  them  the  depositions  of  three 
more  than  one  day;  that  the  grand  jurors  who  of  the  jurors  who  convicted  for  libel;  one  of 
found  many  of  the  indictments  refused  to  couple  them  on  his  oath  Bays  that  be  dues  nut  now 
me  with  the  others;  the  efforts  to  get  Mr.  Oak- j  and  never  did  think  .Jacob  Barker  had  any 
ley  to  join  in  the  crusade  against  me,  which  he  ,  malicious  intention  in  the  publication,  and 
indignantly  rejected;  the  conduct  of  Rathbone,  j  that  he  had  good  reason  for  alarm;  and  that 
in  connexion  with  whom  I  am  still  liable  to  be  |  in  substance  he,  the  juror,  did  not  know  the 
tried,  and  that  three  of  the  counsel  for  some  of  law,  and  therefore  looked  up  to  the  court  for  it; 
the  other  defendants  assailed   me  on  the  last  ]  and  the  others  also  testify  to  my  freedom  from 


trial.  Their  attacks  were  the  most  violent, 
unfounded,  unprovoked,  and  unmerited  ever 
made  in  a  court  of  justice,  and  which  the  in- 
terest of  their  clients  in  nowise  called  for.  So 
unwarrantable  and  improper  was  their  conduct, 
that  it  appeared  to  have  excited  the  sympathy 
of  the  public  prosecutor,  in  so  much  that  he 
rose  to  call  one  of  them  to  order,  strongly  re- 
probating the  course  they  were  pursuiug.  He 
■would  not  allow  them  to  usurp  his  franchise. 
That  all  the  persons  presented  in  the  same  in- 


offence;  and  this  honorable  court  will  know, 
when  they  examine  the  case,  how  egregionslj 
the  recorder  mistook  the  law  when  he  charged 
the  jury.  The  jury  are  not  to  blame;  from 
the  very  nature  of  the  case  they  could  not 
know  the  law,  and,  like  most  other  jurors,  occu- 
pied in  daily  pursuits  to  obtain  for  themselves 
and  families  an  honest  livelihood  by  hard  labor, 
they  have  no  leisure  to  study  the  law ;  and  the 
law  makers,  aware  of  this,  place  a  court  over 
them  to  whom  it  is  the  duty  of  all  jurors  to 


dictment  with  me  were  directors  or  officers  of  look  up  for  law,  light,  and  truth,  whenever 
one  or  more  of  the  institutions  alleged  to  have  i  they  are  in  doubt  or  darkness.  I  do  not 
been  defrauded  except  myself,  and  that  I  occu-  \  believe  there  was  a  particle  of  prejudice  or 
pied  no  such  station  in  either  of  the  companies.  !  unfriendly  feeling  towards  Jacob  Barker  in  the 
The  improper  attempts  made  on  the  court  of  breast  of  a  single  juror  who  sat  on  either  of  the 
sessions  to  influence  their  judgment  against  me,  :  libel  cases;  and  indeed  one  of  them  swore,  as 
the  names  and  circumstances  having  been  your  honors  will  see  by  the  affidavit  in  your 
withheld  from  the  public  by  that  court,  the  possession,  that  it  was  a  general  conversation 
facts  disclosed  by  Mr.  Raymond's  affidavit  pro-  ,  among  the  jury  after  they  retired  to  consider 


duced  by  the  district  attorney,  from  which  it  is 
fairlv  to  be  inferred  that  all  the  artificial  ex- 
citement that  has  been  produced  has  been 
levelled  at  me ;  that  the  others  are  nowise 
connected  with  me,  nor  I  with  them;  and 
finally,  that  the  court  of  oyer  and  terminer 
refused  me  a  separate  trial,  but  granted  it  to 
General  Swift. 

"  I  have  throughout  this  business  avoided 
doing  or  saying  anything  which  could  militate 
against  the  other  defendants,  and  I  hope  that 
what  I  am  here  called  upon  to  say  will  not 
have  that  effect;  but  I  am  constrained  to  dis- 
sent from  the  opinion  entertained  by  them, 
that  there  is  a  widely  extended  prejudice. 

"  Great  pains  have  been  taken,  by  the  con- 
spirators for  my  destruction,  to  give  everything 


the  case,  that  Mr.  Barker  had  not  any  malicious 
intention,  and  that  he  had  good  cause  for 
alarm;  and  that  juror  further  swore  that  he 
believed  every  one  of  the  jury  was  of  thai 
opinion ;  and  although  I  have  produced  depo- 
sitions from  but  three,  I  believe  they  would  all 
have  given  the  same  testimony  if  they  had  been 
applied  to — three  were  deemed  sufficient,  and 
the  first  three  applied  to  gave  the  evidence 
freely.  This  testimony  admonishes  all  of  the 
necessity  of  having  an  unprejudiced,  impartial 
court  that  knows  the  law.  1  am  now  in  the 
hands  of  such  a  court,  and  I  trust  they  will  not 
part  with  my  case  leaving  any  uncertainty 
about  my  having  a  fair  trial.  They  have  a  full 
view  of  the  frightful  state  of  things  which  sur- 
round me,  and  I  am  sure  this  court  never  will 


that  appearance ;  but  it  is  all  fraud,  all  trick,  j  expose  to  chance  the  right  of  a  citizen  to 
all  device — the  result  of  measures  got  up  to  j  having  a  fair  trial,  and  no  trial  can  be  con- 
destroy  me.  Men  were  sent  to  the  hall  to  J  sidered  fair  except  it  be  by  men  competent  to 
make  an  excitement,  as  they  were  sent  to  the  j  understand  the  case.  As  to  prejudice,  tin- 
judges  of  the  court  of  sessions  to  influence;  gentlemen  have  confounded  terms;  they  con- 
thefr  decision.  The  gentleman  who  has  made  :  strue  the  opinions  of  parties  directly  or  in- 
the  deposition  that,  he  thinks  a  fair  trial  cannot  directly  interested  into  prejudice,  and  be< 
be  had  in  New  York  is  doubtless  sincere  in  !  the  parties  to  this  busn  *tiv  numer 


what  he  has  stated,  and  has  not  been,  to  my 
knowledge,  concerned  in  the  conduct  of  which 
I  complain;  and  there  have  been  so  many 
fa^e  lights  exhibited,  that  it  would  be  strange 
if  he  did  not  think  there  was  a  widely  extended 
prejudice.    The  repeated  decisions  of  the  jurors 


ous  they  think  it  is  public  prejudice. 
public,    who   were   not   interested,   entertained 
the^e  adverse  opinions,  I  should  think  then- 
was  public  prejudice.    I  know  they  <1>>  I 
that  a  different  opinion  prevails.    The  numer- 
ous companies  that  cither  failed  or  lost  their 


are  relied  upon  as  evidence  of  this  prejudice.!  funds,   the   numerous   stockholders    in    thoso 

13 


194 


LIFE   OF   JACOB   BARKER. 


companies,  and  the  numerous  creditors  of  those 
who  were  made  insolvent  by  their  losses  by 
the  failures  of  the  companies,  embraced  many 
thousand  persons,  and  they  may  all  be  con- 
sidered interested  in  those  prosecutions;  hence 
the  vast  odds  against  the  defendants.  So 
many  thousands  on  one  side  against  a  half 
dozen  individuals  on  the  other  is  a  frightful 
difference;  but  it  is  not  prejudice.  So  great 
was  the  prospect  of  gain  in  the  purchase  of 
bonds  that  almost  every  man,  woman,  and 
child  in  the  city,  who  had  an  idle  hundred 
dollars,  was  tempted  to  go  in  for  a  share. 
They  could  not  resist  the  prospect  of  getting 
60  or  100  per  ceat.  for  their  money,  and  when 
the  hopes  of  one  and  all  were  swept  into  the 
common  vortex,  mortified  and  disappointed  in 
not  realizing  the  golden  harvest,  they  had  ex- 
pected, they  thought  of  nothing  but  their  gold, 
their  lost  gold,  and  in  place  of  ascribing  their 
disappointment  to  their  own  imprudence  and 
their  own  inordinate  appetites  for  gain,  for 
usurious  interest,  they  were,  without  a  particle 
of  evidence,  easily  led  astray,  and  joined  in  the 
cry  of  fraud  against  the  innocent,  got  up  by 
those  who  wish  to  hide  their  own  guilt  by 
diverting  public  attention  therefrom.  And 
when  the  trick  is  discovered  we  are  told  it  is 
prejudice,  public  prejudice  that  has  convicted 
the  innocent.  It  is  no  such  thing;  it  was  the 
frauds,  the  falsehoods,  the  devices  of  the 
wicked. 

I  will  not,  at  this  late  hour,  trespass  further 
on  the  time  of  the  court,  but  I  must  be  allowed 
to  press  on  them  the  importance  of  my  case. 
It  is  for  reputation  I  am  contending  ;  it  is  not 
to  avoid  the  penalties  of  the  law.  I  care  not 
for  them  further  than  my  character  is  con- 
cerned. I  was  in  hopes,  before  this  argument 
had  come  on,  that  my  counsel  would  have 
been  heard  in  the  libel  cases.  They  would 
have  told  the  court,  that  to  get  back  the  $500 
taken  from  me  in  those  causes  was  the  least  of 
all  possible  inducements  for  the  zeal  mani- 
fested. It  was  to  remove  from  the  record  the 
stain.  When  that  argument  shall  be  heard 
there  will  be  such  a  development  of  facts  as 
will  make  every  heart  shudder  at  the  enormi- 
ties committed  on  Jacob  Barker;  but  as  the 
court  are  in  possession  of  documents  sufficient 
to  establish  how  just  is  his  cause  of  complaint, 
I  will  only  repeat  the  appalling  fact,  that  the 
jury  whose  verdict  was  to  consign  him  and  his 
unoffending  family  to  misery  did  not  examine 
the  papers  proved  in  the  case,  and  on  which 
he  relied  for  his  entire  exculpation.  I  can 
never  believe  that  a  verdict  given  under  such 
circumstances  will  be  considered  of  the  least 
validity  or  evidence  of  guilt,  yet  it  furnishes  an 
additional  reason  why  the  case  should  be  tried 
by  men  who  understand  financial  matters,  and 
this  can  only  be  attained  by  granting  a  struck 
jury,  such  a  jury  as  will  be  capable  of  under- 
standing the  true  merits  of  the  case,  in  whom 
the  public  have  implicit  confidence,  and  whose 


verdict,  if  favorable,  will  silence  the  tongue  of 
the  slanderer.  I  beseech  the  court,  as  they 
value  the  cause  of  truth  and  justice,  not  to 
send  me  for  trial  where  the  jury,  from  the  very 
nature  of  the  case  and  of  their  occupation, 
will  have  to  look  to  the  court  for  the  law — to 
look  for  law  where  there  is  no  law.  What  I 
ask  is,  that  the  court,  and  jury  who  are  to  try 
me  be  capable  of  deciding  whether  I  am  guilty 
or  innocent.  I  know  myself  to  be  innocent, 
and  all  I  ask  is  an  opportunity  to  demonstrate 
such  innocence." 

The  supreme  court  did  not  sustain  this  ap- 
plication. 

A  third  trial  took  place,  in  which  Mr.  Bar- 
ker was  defended  by  Chief  Justice  Spence^ 
Thomas  Addis  Emmett  and  George  Griffin, 
esqs.,  from  whose  speeches  of  the  two  latter 
the  following  extracts  are  taken; 

"Mr.  Spexcer:  Gentlemen  of  the  jury,  it 
may  perhaps  surprise  you  that  I  should  appear" 
in  this  cause — that  I  should  now  be  addressing 
you  in  behalf  of  this  defendant.  Gentlemen,  it 
is  not  from  pecuniary  motives  ;  no  reward  in 
the  power  of  Mr.  Barker  to  bestow  could  have 
induced  me  to  lend  my  aid  to  his  cause.  I  be- 
came acquainted  with  his  ease  from  having 
been  engaged  in  the  argument  on  the  case  be- 
fore alluded  to,  and  I  came  here  under  a  per- 
fect conviction  from  that  knowledge  of  Mr. 
Barker's  innocence.  I  have  known  Mr.  Barker 
for  the  last  twenty  years.  I  know  that  there  have 
been  reports  and  prejudices  concerning  him  j 
the  voice  of  calumny  has  been  raised  against 
his  character.  Yet,  gentlemen,  believe  it  not, 
it  strikes  at  all,  and  I  here  proclaim,  aud  were 
I  trumpet-tongued  I  would  cry  it  aloud  to  the 
world,  that  I  believe  him  an  honest,  an  honor- 
able, and  a  hiyhminded  man.  Gentlemen,  we 
have  much  to  complain  of  in  this  case. 

"  Mr.  Barker  is  indicted  of  a  conspiracy, 
with  intent  to  defraud  the  Morris  Canal  and 
other  companies,  eight  in  the  whole.  To  prove 
this  conspiracy  a  number  of  transactions  have 
been  offered  in  evidence  before  you.  The  dis- 
trict attorney  does  not  rely  upon  the  overt  act; 
but  he  has  spread  out  these  transactions,  and 
now  means  to  urge  them  as  proofs  of  ihe  con- 
spiracy. We  come  here  hoodwinked  ;  we  can- 
not tell  what  use  the  learned  gentleman  intends 
to  make  of  these  transactions.  We  are  groping 
in  the  dark.  Transactions,  innocent  in  them- 
selves, are  to  be  coupled  together  for  our  de- 
struction. It  is  of  this  we  complain,  this  blind 
groping.  The  law  on  this  subject  is  an  anomaly. 
There  is  no  other  offence  in  the  whole  cata- 
logue of  crimes  where  a  defendant  cannot  fully 
and  clearly  understand  the  defence  he  is  to 
make.  In  this  we  are  totally  in  the  dark.  The 
mind  of  man  can  scarcely  conceive  to  what  ex- 
tent it  may  be  carried.  It  was  formerly  cus- 
tomary in  the  country  from  which  we  derive 
our  laws  to  indict  men  for  high  treason  with- 


SPEECHES   OF   SPENCER   AND    EMMETT. 


195 


out  setting  forth  the  overt  acts;  and  many 
illustrious  men  have  been  brought  to  the  block 
without  knowing  u.itil  the  hour  of  trial  the  of- 
fence for  which  they  were  to  suffer.  This  law, 
in  the  wisdom  of  English  jurisprudence,  was 
altered  and  amended  so  as  to  require  the  defi- 
nite crime  to  be  set  forth.  The  law  of  con- 
spiracy still  exists  as  it  did  before.  Yet  so 
sensible  were  our  legislators  of  the  necessity  of 
a  change  in  this  respect  that  the  senate  of  our 
State,  at  their  last  session,  passed  a  bill  to  that 
effect,  requiring  the  overt  act  to  be  set  forth  in 
trials  for  conspiracy;  and  this  bill  is  still  pend- 
ing before  the  other  house.  I  mention  this, 
gentlemen,  that  you  may  perceive  the  peculiar 
hardship  of  our  case.  I  suspect,  gentlemen, 
yoa  will  find  the  task  imposed  on  you  one  of 
great  difficulty;  and  if  the  question  was  now 
put  to  you  to  say  what  particular  acts  have 
been  proved  against  Mr.  Barker  you  will  find 
it  impossible  to  point  them  out.  There  has 
been  an  accumulation  of  evidence,  a  throwing 
in  of  testimony,  for  what  purpose  I  do  not 
know,  though  the  district  attorney  says  we 
shall  know  by  and  by.  So  that  you  may  per- 
ceive we  are  still  groping  in  the  dark,  even  as 
to  the  use  to  be  made  of  this  testimony. 

"Gentlemen,  you  may  suppose  me  bold,  but, 
believing  it  as  I  do,  I  dare  utter  it,  that  when 
you  come  to  an  examination  of  the  testimony 
in  this  cause,  you  will  not  only  not  find  a  sin- 
gle particle  of  evidence  of  guilt,  but  so  far  from 
it  you  will  not  find  cause  for  suspicion  against 
my  client.  The  gentlemen  may  put  it  down  ; 
I  have  said  it,  and  I  will  vindicate  it.  I  have 
carefully  listened  to  the  testimony  that  has 
been  given,  and  bestowed  upon  the  case  all  the 
thought  of  which  I  am  capable;  and  if  all  my 
capacity  to  understand  and  to  discriminate  be- 
tween right  and  wrong  has  not  forsaken  me,  I 
am  not  mistaken  when  I  say  that  the  testimony 
which  has  been  given  makes  my  client's  con- 
duct praiseworthy  throughout.  This  I  say  con- 
scientiously, and  I  wish  the  world  so  to  under- 
stand it."' 

"Mr.  Emmett:  Gentlemen  of  the  jury,  I 
most  sincerely  concur  in  the  opinion  expressed 
by  my  learned  friend,  wlu  has  so  emphatically 
told  you  that  our  client  stood  before  you,  after 
near  three  weeks'  investigation,  untouched  by 
the  testimony.  Nothing  can  be  more  manifest 
than  his  freedom  from  offence.  It  is  in  proof 
that  his  every  act  throughout  this  whole  busi- 
ness has  been  not  only  blameless,  but  praise- 
worthy. This  1  declare  to  be  my  sincere  opin- 
ion, and  I  felt  peculiar  pleasure  in  hearing 
Judge  Spencer  put  forth  corresponding  senti- 
ments in  a  manner  that  convinced  all  of  his 
sincerity — his  course  of  reading  and  thinking, 
his  judicial  duties,  his  habit  of  viewing  both 
sides  of  all  subjects  brought  before  him,  have 
particularly  qualified  him  to  form  a  correct 
opinion  of  this  very  complicated  case;  there- 
fore it  is  to  me  a  source  of  much  gratification 
to  know  that  he  thinks  with  me,  that  there  is 


not  even  a  cause  of  suspicion  against  my 
client,  and  yet  we  find  a  must  numerous  array 
of  counsel  brought  here  to  endeavor  to  procure 
his  conviction.  It  naturally  occurs,  by  whom 
are  they  employed?  Tbej  have  too  much  re- 
putation, and  their  time  is  too  valuable,  for 
them  to  come  here  and  waste  a  month  in  pur- 
suit of  fame  only.  They  must  be  paid  by 
somebody,  and  I  demand  to  know  who  that 
somebody  is?  I  ask  who  paya  theft?  To  this 
question  I  demand  an  answer.  My  client  is 
entitled  to  the  information.  Every  accused 
man  is  entitled  to  know  who  his  prosecutor  is. 
He  has  a  right  to  show  to  the  jury,  as  matter 
of  defence,  the  motives,  the  malice,  the  char- 
acter and  conduct  of  those  who  instigate  or 
carry  on  proceedings  against  him.  He  has  a 
right  to  proceed  against  them  for  a  malicious 
prosecution,  and  on  that  account  to  know  who 
they  are.  It  is  not  a  sufficient  answer  to  shel- 
ter them  under  the  assertion  that  the  people 
prosecutes.  The  king  prosecutes  in  England; 
but  that  does  not  deprive  the  subject  of  the 
right  to  know  who  maintains  the  prosecution. 
The  district  attorney  says  he  employs  them  ; 
but  the  question  still  recurs  who  pays  them  ? 
The  governor  has  not  ordered  their  employ- 
ment. The  corporation  have  not  done  it.  No 
order  for  that  purpose  appears  on  their  minutes, 
and  they  have  no  right  to  interfere  or  divert 
the  city  funds  for  that  purpose.  The  legisla- 
ture have  not  done  it.  I  ask  then  who  has, 
and  studiously  keeps  himself  concealed?  1 
say  again  to  the  public  prosecutor,  who  pays 
and  hides  himself?  Mr.  Barker  has  always 
charged  this  prosecution  to  be  a  wicked  con- 
spiracy to  destroy  him;  and  if  the  public  pro- 
secutor will  tell  who  pays  and  keeps  concealed, 
it  will  give  a  clue  to  this  foul  conspiracy.  Let 
us  know  who  are  secretly  devoting  their  thou- 
sands to  destroy  an  innocent  man,  and  we  shall 
have  no  difficulty  in  developing  the  whole  plot. 
"The  peculiar  qualities  of  my  client's  mind 
and  disposition  have  rendered  it  utterly  impos- 
sible for  his  counsel  to  keep  him  within  those 
professional  rules  which  would  have  governed 
them,  had  the  case  been  left  entirely  to  them  ; 
but  you  have  witnessed  that  he  would  not  be 
regulated  by  our  advice ;  he  has  provoked  the 
ire  of  our  opponents,  and  they  have  premised 
to  re'aliate  to  the  extent  of  their  ability.  'Let 
them  do  it,'  says  my  client.  Although  v. 
not  approve  of  his  course,  we  are  perBuaded 
that  you  see  sufficient  provocation  fur  it.  His 
outraged  feelings  at  the  enormity  of  these  pro- 
ceedings, at  the  tricks  and  devices  that  have 
been  resorted  to  to  procure  his  conviction  ;  the 
constant  attempts  to  misrepres&nt  all  hi 
duct,  and  to  infer  fraud  from  the  mot  j  I 
worthy  and  disinterested  of  hie  acts  are  enough 
to  fill  a  mind  less  acute,  less  sensitive  than  his 
with  indignation.      B  r,  a-  he  is, 

a  ser.se  of  the  wrongs  dona  him,  he 

thrown    off  prudential    restraint,    and   to 
have  had  more  pleasure  in  rebuking  the  gen- 


196 


LIFE    OF   JACOB   BARKER. 


tlemen  who  are  pursuing  this  course  towards 
him,  than  in  any  other  branch  of  his  defence. 
I  admire  the  spirit  that  has  prompted  this  bold 
and  manly  course,  while  I  regret  its  want  of 
prudence.  Yet  there  is,  nevertheless,  an  ad- 
vantage in  it;  such  a  course  is  utterly  incon- 
sistent with  guilt.  None  but  honorable,  honest, 
and  high-minded  feelings  could  have  enabled 
him  to  pursue  it,  and  carry  it  through.  Con- 
sider this  well ;  give  to  it  the  influence  to  which 
it  is  entitled,  and  you  will  say  that  the  whole 
nature  of  man  has  been  changed  in  the  forma- 
tion of  Mr.  Barker,  or  that  he  is  an  innocent 
man.  It  has  been  thought  to  procure  his  con- 
viction chiefly  on  the  testimony  of  David  Lea- 
vitt.  He  has  stated  that  Mr.  Barker  told  him, 
about  four  days  after  the  failure  of  the  Hudson 
Insurance  Company,  (which  he  fixed  to  be  on 
the  8th  of  July,)  and  before  the  failure  of  the 
Life  and  Fire  Insurance  Company,  that  he  had 
the  control  of  the  notes  deposited  in  the  Fulton 
Bank  for  collection  by  that  company;  and  that 
Mr.  Barker  told  him,  on  Saturday,  the  loth  of 
July,  three  days  before  the  failure,  that  it  was 
questionable  whether  the  Life  and  Fire  could 
sustain  itself  or  not.  Had  all  this  been  so, 
there  was  no  harm  in  it.  Barker  had  the  right 
to  have  the  control  over  the  property  of  any 
individual  or  corporate  company  that  thought 
proper  to  give  it  to  him  and  owed  him  largely; 
and  in  this  case,  from  the  advances  proved  by 
the  prosecution  to  have  been  made  by  him, 
there  would  have  been  a  peculiar  fitness  in 
their  having  given  him  the  control  of  those 
notes;  and,  as  to  his  telling  Leavitt  that  it  was 
doubtful  if  the  Life  and  Fire  would  be  enabled 
to  sustain  itself,  what  harm  was  there  in  that? 
The  bank  was  itself,  at  that  very  time,  hard 
pressed;  Barker  deeply  interested,  and  active- 
ly engaged  in  sustaining  it;  the  Hudson  Com- 
pany's failure  that  day,  overdrawn  more  than 
one  hundred  thousand  dollars  without  security, 
to  the  Fulton  Bank;  a  great  excitement  about 
the  Tradesmen's  Bank  ;  all  confidence  lost  in 
the  bond  companies;  the  Life  and  Fire  having 
a  great  issue;  its  dealers  failing  daily,  was 
there  not  cause  enough  to  induce  a  prudent 
man  to  give  a  word  of  caution  to  the  presiding 
officer  of  a  bank  in  which  he  himself  was  deep- 
ly interested,  and  in  which  that  company  kept 
their  account? 

''  With  this  view  of  the  subject,  I  should  not 
have  attempted  to  contradict  the  witness,  how- 
ever incorrect  the  testimony  he  gave;  but  my 
client  knowing  it  to  be  untrue,  and  persuaded 
that  it  was  contrived  to  injure  him,  decided 
instantly  to  detect  the  misstatements,  and  he 
succeeded  to  his  heart's  content. 

"  The  point  of  the  evidence  was,  to  make 
out  that  Mr.  Barker  had  the  control  of  the 
effects  ot  the  Life  and  Fire  before  the  failure 
of  the  company,  when  the  power  of  attorney 
was  given  ;  to  make  out  Barker's  knowledge 
that  the  company  was  bad,  and  also  to  breed 
a  further  quarrel  between  Barker  and  the  Life 


and  Fire  gentlemen,  by  making  them  believe 
that  Barker  had  not  acted  in  good  faith  with 
them.  Had  the  district  attorney  given  credit 
to  this  improbable  tale  of  his  own  witness, 
would  he  not  have  asked  the  clerks  of  the  Life 
and  Fire  if  Mr.  Barker  had  any  such  control? 
If  he  ever  attempted  to  exercise  any?  If  he 
ever  spoke  of  those  notes?  Ever  looked  at 
their  bank-book,  or  asked  for  authority  to  draw 
them?  Had  he  asked  these  questions  he  would 
have  been  told  'no,  never!'  The  public  pro- 
secutor knew  better  than  to  ask  any  such  ques- 
tion. And  would  Mr.  Leavitt,  who  boasts  of 
his  vigilance  at  this  time  in  watching  over  the 
concerns  of  the  bank — would  he,  I  ask,  have 
permitted  the  daily  payment,  to  a  great  amount, 
without  funds,  of  the  checks  of  a  company  in 
full  business,  who  had  given  to  any  individual 
not  connected  with  such  company  the  control 
over  their  bills  receivable  ?  The  story  is  too 
ridiculous,  too  absurd,  to  gain  credit  for  a  mo- 
ment; but  my  client  does  not  depend  upon  in- 
ferences to  silence  these  calumnies;  and  I  will 
give  you  a  short  statement  of  the  testimony  in 
relation  to  Mr.  Leavitt. 

"  Mr.  David  B.  Ogden  told  you  that' Mr.  Lea- 
vitt intentionally  deceived  Mr.  Eckford,  and 
those  concerned  in  the  settlement  for  the  Mor- 
ris stock,  on  the  day  of  settlement,  in  this,  that 
he  said  the  certificates  were  at  the  bank,  when 
he  knew  them  to  be  in  the  hands  of  the  grand 
jury;  and  if  he  has  sacrificed  the  truth  on  one 
occasion,  he  must  expect  his  testimony  to  be 
more  scrupulously  canvassed  on  another. 

"  He  testified  that  he  had  several  conversa- 
tions with  Barker  after  the  failure  of  the  Hud- 
son Company,  and  before  the  failure  of  the  Life 
and  Fire.  That  in  one  of  those  conversations 
Barker  told  him  that  be  had  the  control  over 
the  notes  in  the  Fulton  Bank  deposited  by  the 
Life  and  Fire,  and  that,  as  near  as  he  could  re- 
collect, this  conversation  took  place  about  four 
days  after  the  failure  of  the  Hudson  Company, 
and  a  week  before  the  failure  of  the  Life  and 
Fire.  That  the  Hudson  failed  the  8th  of  July. 
That  in  speaking  of  the  overdrawing  of  the 
Life  and  Fire,  Barker  mentioned  the  note  of 
Allaire  as  one  on  which  calculation  could  be 
made  towards  the  payment  of  such  overdraw- 
ings.  That  subsequently  the  Life  and  Fire 
withdrew  the  note  of  Allaire;  that  such  with- 
drawal took  place  after  the  notice  from  Barker 
that  he  had  the  control  of  that  note;  when 
Barker  heard  of  it  he  complained,  alleging  that 
the  bank  had  no  right  to  give  it  to  any  other 
person  than  himself. 

"Kingsland  testified  that  the  note  was  with- 
drawn by  himself,  pursuant  to  the  orders  of  the 
officers  of  the  company,  after  the  failure  of  the 
Life  and  Fire,  and  before  the  account  was  made 
good.  Leavitt  stepped  up  and  disputed  Kings- 
land's  testimony,  and  testified  that  if  it  was 
withdrawn  before  the  account  was  made  good, 
that  it  was  withdrawn  before  the  failure  of  the 
company,  and  before  the   overdrawings;  that 


SPEECn    OF    EMMETT. 


197 


be  had  never  given  up  security  while  the  ac- 
count remained  over.  Kingsland  was  recalled, 
and  examined  the  books,  and  testified  that  the 
note  became  payable  on  the  24th  of  July;  thai 
it  was  withdrawn  after  the  failure  and  before 
it  was  protested;  he  could  not  say  on  what  day, 
but  it  was  on  or  about  the  24th  of  July,  he  be- 
lieved, on  the  very  day  it  became  due;  it  was 
not  protested  ;  it  would  have  been,  had  it  not 
have  been  paid  or  withdrawn.  Clinch  testified 
that  it  would  have  been  protested  if  it  remain- 
ed in  the  bank  until  due;  if  paid,  it  would  have 
been  entered  to  the  credit  of  the  Life  and  Fire  ; 
neither  had  happened;  but  from  the  erasure 
on  the  note-book  it  had  been  withdrawn  either 
on  the  day  it  fell  due  or  before. 

"Kingsland,  being  further  examined,  testi- 
fied that  when  he  went  to  the  bank  to  with- 
draw the  note  the  clerk  refused  to  give  it  to 
him.  alleging  that  the  Life  and  Fire  account  was 
withdrawn,  and  that  the  note  could  not  be 
given  up  until  the  account  was  made  good. 
Leavitt  was  present;  the  clerk  spoke  to  him, 
and  after  some  time  spent  in  conference  and 
examination  it  was  determined  that,  as  there 
■were  other  satisfactory  notes  in  the  bank  suffi- 
cient to  secure  the  amount  overdrawn,  Allaire's 
note  mi>rht  be  given  up,  whereupon  tbe  clerk 
gave  to  Kingsland  the  note. 

"Leavitt  swore  that  Clinch  came  up  to  the 
board  of  directors  on  Monday,  the  17th  July, 
and  said  Barker  had  forbid  the  payment  of  Life 
and  Fire  checks;  that  he  came  down  and  stated 
to  Barker  that  they  must  pay  to  the  extent  of 
funds  in  hand,  to  which  Barker  made  no  reply. 
Clinch  stated  that  Barker  did  not  attempt  to 
forbid  the  payment  of  any  check,  or  did  he  in- 
timate that  Life  and  Fire  checks  ought  not  to  be 
paid  to  the  extent  ot  funds  in  hand;  that  Bar- 
ker called  on  Monday,  the  17th  of  July,  at  the 
close  of  the  business  of  the  day,  and  intimated 
to  him  that  it  would  be  prudent  not  to  pay  Life 
and  Fire  checks  beyond  funds  in  hand;  that 
he  went  immediately  op  stairs  to  the  directors' 
room,  where  they  were  assembled,  and  men- 
tioned it  to  the  president,  who  came  down,  and, 
Clinch  believer,  invited  Barker  into  the  direct 
ors'  room  :  that  he  did  not  tell  Leavitt  that 
Barker  had  forbid  the  payment  of  Life  and  Fire 
checks,  nor  did  he  intimate  to  Leavitt  that  Bar- 
ker had  said  they  ought  not  to  be  paid  to  the 
amount  of  funds  in  hand,  but  that  he  told  Lea- 
vitt that  Barker  had  intimated  that  it  would  be 
prudent  not  to  pay  them  beyond  funds  in  hand. 
Leavitt  testified  that  Barker  told  him  on  Satur- 
day, the  15th  of  July,  that  he  cons  'lend  it  un- 
certain whether  or  not  the  Life  and  Fire  would 
be  enabled  to  sustain  itself;  that  he  did  not, 
on  receipt,  of  this  information,  give  any  caution 
to  the  clerks  of  the  bank  not  to  pay  Life  and  Fire 
checks  beyond  funds  in  hand,  because  the  clerks 
bad  previously  received  peremptory  general  or 
dors  not  to  pay  beyond  funds  in  band.  Clinch 
testified  that  they  were  in  the  daily  habit  of 
paying  Life  and  Fire  checks  for  large  amounts 


in  the  course  of  the  day  without  money  in  hand, 

relying  on  its  being  made  good  before  three 

'<  ;  that  this  practice  continued  down  to 

the  day  of  the  failure;  that  Leavitt  knew  all 
i  it;  that  no  order  had,  to  his  knowledge, 
been  given  to  refu8e  Or  tO  examine  Life  and  Fire 
checks;  that  large  amounts  would  have  been 
paid  on  the  day  of  failure,  had  they  been  pre- 
sented, whether  there  had  been  money  in  the 
bank  to  the  credit  of  the   Life  and  I  "ire  or  not. 

"  Kingsland  testified  that  the  Fulton  Bank 
were  in  the  daily  habit  of  paying  checks  for 
large  amounts,  as  they  were  presented,  without 
money  in  hand,  and  that  he  made  the  account 
good  daily  by  depositing  about  a  quarter  before 
three  o'clock.  The  amount  overdrawn  was 
about  $1,400  or  $1,500,  and  happened  the  day 
the  company  failed,  which  was  made  good, 
partly  on  the  21st  July  and  the  residue  on  the 
11th  of  August,  by  the  collection  of  notes;  that 
the  residue  of  the  notes  had  been  delivered  to 
the  receivers,  and  that  none  of  them  bad  been 
delivered  to  Barker. 

"Mr.  Franklin-  testified  that  he  resigned  his 
seat  as  a  director  of  the  Fulton  Bank  about  the 
13th  of  July,  and  that  the  Hudson  Company 
did  not  fail  until  a  day  or  two  after  such  re- 
nignation.  Leavitt  then  came  forward  again 
to  correct  his  testimony,  and  said  he  had  been 
mistaken  as  to  the  time  the  Hudson  Company 
failed:    that  they  had    pad    all    their  bonds  on 

the  14th  of  July.  Leavitt  came  forward  again 
to  explain,  Btating  that  he  had  several  conver- 
sations with  Barker  about  the  state  of  the  Life 
and  Fire;  that  he  had  not  refreshed  his  mind 
by  examining  the  notes  of  the  former  trial,  but 
that  he  thought  the  conversation  about  his  hav- 
ing the  control  of  the  notes  was  before  the  fail- 
ure of  the  Life  and  Fire;  he  also  restated  that 
all  his  conversations  with  Barker  in  relation  to 
the  Life  and  Fire  notes  were  subsequent  to  the 
failure  of  the  Hudson  Company.  Mr.  Butler 
and  Mr.  Sparhawk  stated  that  Mr.  Leavitt  had 
testifil  il  on  the  former  trial    of   this  cause,  that 

when  Barker  told  him  that  he  had  the  control 
of  the  Life  and  Fire  notes  deposited  in  the  Ful- 
ton Lank,  they  were  conversing  about  the 
overbadings  of  the  Life  and  Lire,  which  over- 
drawing took  place  on  the  day  of  the  failure 
of  the  Life  and  Fire;  that  Leavitt  Btated  it  was 
after  the  failure  that  this  conversation  took 
place,  but  how  long  after  Mr.  Butler  said  he 
did  not  recollect;  that  he  had  put  down  on  his 
at  the  time,  that  Leavitl  stated  that  Mich 
conversation  was  after  the  failure  <>f  the  Life 
and  Fire,  without  mentioning  how  lone  alter. 
Mr.  Sparhawk  slated  that  Leavitl  had  on  a 
former  trial  Btan  d  that  the  first  ooi 
ab  .nt  the  overdrawing  was  on  Monday. 
the  failure  of  the  Li:  »nd 

Fire  failed  on  Tuesday,  ihe  lvih  of  .Inly.     The 

M lay  after  was  tbe  24th,  the  verj  day  when 

Mr.  Allaire's  note  became  payable,  and  of 
course  the  very  day  of  all  others  wl  en  the  par- 
ties would  be  must  likely  to  talk  of  it,  and  that 


198 


LIFE   OF   JACOB   BARKER. 


after  this  it  was  that  Barker  told  him  that  he 
had  control  of  the  notes  of  the  Life  and  Fire  de- 
posited in  the  Fulton  Bank.  Leavitt  further 
testified  on  the  present  trial,  but  at  an  early 
stage  of  his  examination,  that  he  considered 
Barker  had  been  instrumental  in  getting  him 
removed  from  the  presidency  of  the  Fulton 
Bank;  superadding,  'but  I  have  no  prejudice 
against  him.'  And  when  pressed  to  say  whether 
or  not  Barker  hud  been  employed  by  the  di- 
rectors of  the  Fulton  Bank,  to  assist  theui  in 
sustaining  the  bank  at  the  time  it  was  run, 
(the  17tb  of  July,)  he  insisted  that  Barker  was 
a  volunteer,  and  seemed  unwillingly  to  admit 
that  Barker's  assistance  was  either  acceptable 
or  beneficial ;  the  guaranty  of  Leavitt  and 
others  expressly  recognised  Barker  as  assisting 
by  their  request.  Mr.  Lawrence  and  Mr.  Car- 
ter testified  to  that  fact;  and  Mr.  Hicks  testi- 
fied that  he  heard  Leavitt,  during  the  run  on 
the  Fulton  Bank,  request  Barker  to  send  the 
specie  immediately,  and  to  get  a  carriage  for 
that  purpose. 

'•Mr.  Leavitt  said,  in  answer  to  a  question 
put  by  Mr.  Barker:  'Do  you  not  believe  that 
if  Messrs.  Spencer  and  Brown,  and  those 
directors  of  the  Fulton  Bank  under  their  in- 
fluence, had  not  resigned,  and  Mr.  Barker  had 
not  rendered  aid,  that  the  bank  would  have 
been  compelled  to  stop  payment?'  'I  think 
not.'  '  Do  you  mean  to  say  that  the  bank 
could  have  met  all  its  engagements  punctually, 
after  the  Hudson  Company  had  failed,  if  the 
president  and  directors  of  that  company  had 
continued  their  controlling  influence  over  the 
direction  of  the  Fulton  Bank?'  'I  think  so.' 
'Do  you  recollect  the  great  excitement  in  the 
city,  and  particularly  against  those  men ;  the 
total  prostration  of  credit;  that  the  specie  in 
the  bank  was  reduced  to  $3,000;  and,  in  the 
language  of  Mr.  Clinch,  that  the  bank  was  sur- 
rounded by  a  mob  to  get  their  bills  redeemed?' 
'Notwithstanding  all  this,  I  think  the  bank 
would  have  met  its  engagements,  because  an 
arrangement  had  been  made  by  which  the 
necessary  aid  was  to  have  been  procured  from 
the  Tradesmen's  Bank.'  'That  is  news  to  me. 
Let  us  have  the  particulars.'  Mr.  Leavitt  did 
not  make  any  explanation.  Here  let  it  be 
remembered,  as  an  established  fact,  on  the 
testimony  of  Falls  and  Nevins,  that  the  Trades- 
men's Bank  was  placed  under  an  injunction  on 
the  15th  of  July,  and  that  the  run  on  the  Ful- 
ton was  on  the  17th  July,  and  that,  therefore, 
it  could  not  have  got  a  dollar  from  the  Trades- 
men's Bank. 

"The  Rathbone  paper  is  dated  12th  July. 
Messrs.  Burrell  and  Humphreys  were  elected 
on  that  day,  as  appears  by  the  minutes  of  the 
bank  in  proof.  Mr.  Catlin  testified  that  they 
were  elected  very  soon  after  the  conference 
between  himself,  Mr.  Leavitt,  and  Mr.  Barker, 
about  new  directors ;  that  he  believed  the  very 
next  morning;  could  not  say  the  precise  time, 
but  that   he   perfectly   recollected    they   were 


elected  very  soon  after  such  conference.  Mr. 
Carter  testified  that  Messrs.  Hazard,  Corse, 
Lawrence, Thurston, and  Comstock,  were  elected 
expressly  on  the  ground  of  their  being  Barker's 
friends,  and  tha:  those  five  gentlemen  were 
very  fit  men  for  the  situation,  and  that  the 
affairs  of  the  bank  were  safe  in  their  hands. 
The  minutes  of  the  bank  prove  that  they  were 
all  elected  on  the  13th  and  14th  July,  and  by 
Leavitt  and  bis  friends,  as  neither  Brown, 
Spencer,  Rathbone,  Franklin,  or  their  friends, 
were  at  the  board  when  the  election  of  either 
of  them  took  place;  although  only  one  at  a 
time  had  resigned,  and  not  another  until  the 
previous  vacancy  had  been  filled.  Mr.  Carter 
stated,  also,  that  the  bank  had  advanced  $9,000, 
and  that  he  understood  that  Barker,  or  Eckford 
and  Barker,  had  advanced  an  equal  sum  for 
the  support  of  the  Hudson  Company.  This 
plainly  proves  that  these  things  were  all  done 
in  pursuance  of  some  arrangement  with  Spen- 
cer and  Brown,  growing  out  of  the  negotiation 
to  which  this  paper,  No.  3  and  4,  was  a  part; 
but  it  does  not  prove  the  precise  terms  of  the 
agreement,  when  the  negotiation  reached  the 
form  of  an  agreement. 

"Here  we  have  the  testimony  of  David  B. 
Ogden,  esq.,  as  to  the  inaccuracy  of  Mr.  Lea- 
vitt's  declarations  on  settling  for  the  Morris 
stock.  We  confront  Mr.  Leavitt's  declaration 
on  this  occasion,  that  Barker  told  him  he  had 
the  control  of  the  Life  and  Fire  notes  a  week 
before  their  failure,  with  his  oath  on  the  former 
trial,  where  he  said  it  was  after  the  failure  of 
the  Life  and  Fire  that  Mr.  Barker  told  him 
this;  for  which  we  have  the  testimony  of  Mr. 
Sparbawk  and  Mr.  Butler,  sustained  by  their 
separate  notes  taken  at  the  time.  And  since 
we  are  obliged  to  credit  the  oath  he  now  makes, 
or  the  oath  he  then  made,  we  prefer  trusting 
his  recollections  for  four  rather  than  for  twelve 
months;  as  he  would  be  much  more  likely  to 
relate  accurately  while  the  circumstances  were 
fresh  in  hi.s  recollection  than  after  a  lapse  of  a 
year,  especially  as  in  the  interim  he  said  he 
had  been  removed  from  the  presidency  of  that 
bank  by  the  instrumentality  of  my  client. 

"He  stands  contradicted  by  several  witnesses, 
as  to  the  period  of  the  failure  of  the  Hudson 
Insurance  Company.  Kingsland  contradicts 
him  positively,  as  to  the  withdrawal  of  Al- 
laire's note.  Clinch  contradicts  him  positively, 
as  to  Mr.  Barker's  forbidding  him  to  pay  Life 
and  Fire  checks.  And  will  any  one  believe,  if 
Barker  had  given  him  the  alleged  information 
on  Saturday,  that  he  would  not,  under  the  cir- 
cumstances, have  given  an  intimation  to  the 
clerks  of  the  bank?  Clinch  swears,  that  if  the 
checks  of  the  Life  and  Fire  Company  had  been 
presented  on  the  day  of  the  failure,  to  the 
amount  of  20  or  30,000  dollars,  they  would 
have  been  paid  without  funds,  and  without  ex- 
amination. 

"  Leavitt  swore  that  he  had  no  pique  against 
Mr.  Barker,  and  this,  too,  without  being  asked. 


CASE  PRESENTED  TO  THE  SUfREME  COURT. 


199 


He  may  not  be  conscious  of  it ;  but  can  you 
believe  that  assertion,  gentlemen  of  the  jury, 
after  the  testimony  you  have  heard?  Why 
then,  did  he,  when  asked  if  Mr.  Barker  had  not 
been  invited  to  assist  the  bank  in  its  troubles, 
elude  the  admission,  and  declare  Mr.  Barker  to 
have  been  a  volunteer? 

"  On  this  subject,  how  differently  did  Mr. 
Lawrence,  Mr.  Catlin,  Mr.  Selden,and  Mr.  Car- 
ter testify?  And  Mr.  Hicks  stated,  that  he 
heard  Leavitt  apply  to  Barker  to  assist  the  bank, 
to  send  the  specie  immediately,  and  to  get  a 
carriage  for  the  purpose. 

"  Mr.  Clinch  testified,  than  Barker  brought 
the  specie  in  the  time  of  their  greatest  need. 
And,  gentlemen  of  the  jury,  you  heard  Leavitt 
Swear  that  the  Rathbone  paper,  dated  the  12th 
of  July,  did  not  relate  to  the  negotiation  for 
change  of  directors,  which  took  place  in  the 
Fulton  Bank.  The  express  words  of  that  pa- 
per are :  'to  fill  the  two  existing  vacancies.' 
The  minute  book  and  Mr.  Carter  proved  to 
you  there  never  was  two  vacancies  on  any  other 
day.  They  were  filled  by  Messrs.  Burrell  ai.d 
Humphreys  that  very  daj\ 

"And  Mr.  Catlin  further  tells  you,  that  Mr. 
Leavitt  and  Mr.  Barker  called  at  his  house  to 
consult  him,  and  to  procure  his  assistance  in 
selecting  two  good  directors  for  the  bank,  the 
preceding  evening.  Now,  afier  having  heard 
all  this  testimony,  I  should  like  to  see  the  man, 
if  there  be  one,  hardy  enough  to  ask  a  jury  to 
place  any  reliance  on  the  testimony  of  the  wit- 
ness in  question.  Be  the  misstatements  he  has 
fallen  into  the  result  of  a  defective  memory  or 
not,  they  are  so  great  and  glaring,  that  a  dis- 
creet jury  would  never  permit  themselves  to  act 
on  its  evidence." 

This  trial  resulting  unfavorably,  Mr.  Barker 
having  takenmanyexcepiionstothe  proceedings 
on  the  trial,  on  which  he  intended  to  apply  to 
the  supreme  court  to  set  aside  the  verdict,  it 
became  important  that  the  supreme  court 
should  be  furnished  with  a  full  statement  of  the 
case.  This  was  also  necessary  to  enable  the 
court  to  regulate  the  degree  of  punishment,  in 
case  they  should  confirm  the  verdict.  Mr.  Bar- 
ker, therefore,  prepared  a  statement  of  the 
■whole  case,  and  presented  it  to  the  district  at- 
torney, who  refused  to  look  at  it  or  make  any 
counter  statement,  whereupon  Mr.  Barker,  ac- 
companied by  his  counsel,  George  Griffin,  esq., 
applied  to  Judge  Edwards,  and  requested  him 
to  furnish  a  copy  of  his  notes  in  the  case,  with 
a  copy  of  his  charge  to  the  jury,  which  the 
judge  utterly  refused  to  furnish,  adding  that  hifl 
notes  were  not  full,  nor  could  he  rely  upon  their 
accuracy ;  and  that  he  would  not  make  any  re- 
port of  the  trial  to  the  supreme  court,  unless 


that  court  should  require  hiin  to  do  so;  hut 
that,  if  Mr.  Barker  should  make  a  case,  serve 
it  on  the  district  attorney,  and  furnish  a  list  of 
exceptions,  and  the  parties  afterwards  appear 
before  him,  with  such  case  and  exceptions,  he 
would  settle  the  same.  Mr.  Griffin  then  in- 
formed the  judge  that  Mr.  Maxwell  refused 
either  to  look  at  that  prepared  by  the  defend- 
ant or  to  prepare  one  himself,  notwithstanding 
which,  the  judge  adhered  to  his  refusal  with 
great  pertinacity.  Mr.  Barker  then  gave  the 
district  atttorney  notice  to  appear  before  the 
Hon.  John  Savage,  chief  justice,  at  his  cham- 
bers, in  Albany,  to  show  cause  why  a  case 
should  not  be  made  for  the  use  of  the  supreme 
court.  On  reaching  Albany,  Mr.  Barker  found 
Judge  Edwards  and  Mr.  Maxwell  there;  he  in- 
formed Chief  Justice  Spencer,  his  counsel,  of 
Judge  Edwards'  refusal.  "Very  strange,  this," 
replied  the  judge,  "let  us  go  and  see  him,  he 
will  not  refuse  me."  Mr.  Barker  responded, 
that  such  an  application  would  be  useless,  that 
he  would  certainly  adhere  to  his  refusal.  "Im- 
possible," said  the  chief  justice,  "let  us  go  and 
see."  They  did  so,  and  repeated  the  applica- 
tion for  a  report  of  the  case  from  the  judge,  or 
for  a  copy  of  his  notes  and  charge  to  the  jury, 
which  he  again  refused  to  furnish.  The  motion 
before  Chief  Justice  Savage  coming  on,  Mr 
Maxwell  appeared  and  made  one  of  his  bois- 
terous and  inflammatory  speeches,  to  which  Mr. 
Barker  was  about  replying,  when  the  chief  jus- 
tice observed  to  him,  that  a  reply  was  unneces- 
sary, that  all  he  had  to  do  was  to  verify  his 
own  statement,  and  the  court  would,  under  the 
circumstances,  consider  it  the  case  to  be  passed 
upon. 

For  the  purpose  of  establishing,  before  the 
supreme  court,  that  Maxwell  did  not  present 
the  complaint  of  Mr.   linker,  with   his   pi 
to  the  next  grand  jury,  the  following  testimony 
was  procured  : 

"Supkkme  Com:.". 

Jacob  Barker  and  otl 
ads. 
The  people. 

phen  Allen  being  duly  sworn,  d 

:.i  .1  saith,  that  the  within  certificate  is  it 
handwriting  of  thia  deponent,  and  lb  At  ll  • 
therein  set  forth,  as  oi  his  own  knowledge,  art 
true.     And  this  deponent  further  says,  ibat  he 
was  one  of  the  grand  jury  for  the  court  o1  ses- 
sions for  the  month  of  July,  1--7.  and  that  he 


200 


LIFE     OF   JACOB    BARKER. 


acted  as  foreman  thereof;  that  Mr.  Jacob  Bar- 
ker applied  to  this  deponent  to  know  if  sundry 
papers  had  been  placed  in  the  hands  of  the 
grand  jury,  which  the  said  Barker  alleged  he 
had  placed  in  the  hands  of  the  previous  grand 
jury,  and  which  they  had  handed  over  to  the 
court  of  sessions,  as  unfinished  business,  for 
the  purpose  of  having  the  inquiry  continued 
by  the  then  sitting  grand  jury.  This  deponent 
replied  to  the  said  Jacob  Barker,  that  no  such 
papers  had  come  before  that  grand  jury,  that 
he  had  not  heard  or  seen  anything  of  them  ; 
and  this  deponent  further  saiih,  that  the  said 
papers  were  not  submitted  to  the  said  grand 
jnrv;  that  the  said  Barker  said  he  very  much 
wished  the  use  of  some  of  the  said  papers  on 
the  trial  then  going  on  against  the  said  Barker 
for  an  alleged  conspiracy;  that  he  considered 
them  as  containing  very  important  testimony 
in  his  favor. 

"STEPHEN  ALLEN. 

"Sworn,  the  31st  day  of  July,  1827,  before 
me. 

"  NATH.  B.  BLUNT, 

"  Commissioner,  &c." 

Mr.  Barker,  therefore,  presented  to  the  su- 
preme court  the  ease  prepared  by  himself,  and 
his  counsel  was  about  to  argue  thereon,  among 
other  things,  that  the  verdict  was  against  evi- 
dence, when  the  district  attorney  requested  to 
have  such  argument  deferred  until  the  judge's 
report  of  the  case  should  come  in,  which,  he 
stated  to  the  court,  was  in  progress  of  copying. 
At  that  time  Judge  Edwards  was  in  Utica,  where 
the  supreme  court  was  sitting,  on  his  way  to  Pen- 
field.  Mr.  Barker  made  application  to  him  to 
know  if  he  was  preparing  a  report  of  the  case. 
On  being  informed  that  he  was  not,  and  should 
not,  unless  required  to  do  so  by  the  supreme 
court,  being  again  requested  to  examine  the 
case  prepared  by  Mr.  Barker,  he  declined.  Mr. 
Barker  then  requested  him  to  examine  his 
statement  of  the  judge's  charge,  and  to  certify 
the  same  if  correctly  stated  ;  if  not  correctly 
stated,  to  point  out  the  errors  for  the  use  of 
the  supreme  court,  which  he  utterly  refused  to 
do,  aud  repeated  that  he  would  not  do  anything 
about  the  case,  neither  for  the  one  party  or  the 
other;  that  he  had  determined  not  to  look  at  any 
statement  made  by  either,  and,  uuless  the  court 
should  require  of  him  a  report,  he  would  not 
make  any. 

Mr.  Barker  then  informed  him  of  Maxwell's 
motion  and  statement  to  the  supreme  court, 
and  requested  him  to  defer  his  departure  for 
the  west  until  the  court  should  meet  the  next 


day,  that  he,  Mr.  Barker,  might  have  time  ta 
apply  for  such  order,  which  he  declined  to  do, 
and  departed  from  Utica  without  making  any 
report.  After  his  departure  the  district  attor- 
ney sent  a  messenger  to  him  wi'th  a  statement 
of  the  trial,  prepared  under  the  direction  of  the 
district  attorney,  by  his  clerk  or  partner,  with- 
out reference  to,  or  aid  of  the  notes  from  the 
judge. 

Mr.  Barker  was  assisted  by  Ambrose  Spen- 
cer, esq.,  who  insisted  that  there  was  sufficient 
error  in  the  record  to  quash  the  whole  pro- 
ceeedings;  and,  therefore,  it  was  unnecessary 
to  await  the  return  of  the  public  prosecutor's 
messenger. 

The  writ  of  error  was  taken  up  and  dis- 
cussed at  great  length  by  the  counsel  on  both 
sides,  in  which  Judge  Spencer  distinguished 
himself,  as  usual,  making  a  very  logical,  learned 
and  impressive  speech. 

The  court  sustained  the  writ  of  error.  In  pro- 
nouncing their  decision,  they  said,  among 
other  things,  that  in  the  district  attorney's  an- 
swer to  Mr.  Barker's  application  on  the  trial 
to  produce  the  papers  delivered  by  Mr.  Barker 
to  the  grand  jury,  and  removed  by  him  from 
the  files  of  the  court,  he  said  "  he  had  them 
not,"  when  he  had  them.  This  appears  in  the 
decisions  of  the  supreme  court  of  New  York, 
for  1827.  Alter  this  decision,  Maxwell  left 
Utica;  his  messenger  had  not  then  returned. 
When  he  came  back  he  brought  the  case  which 
had  been  prepared  by  Maxwell,  certified  as 
follows  : 

"  Upon  comparing  the  foregoing  case  with 
my  notes,  1  believe  it  to  be  substantially  a  cor- 
rect report  of  the  testimony  of  the  witnesses  as 
given  on  the  trial.  The  books  and  other  docu- 
ments, including  the  affidavits  as  to  the  testi- 
mony of  General  Swift,  will,  I  understand,  be 
exhibited  by  the  district  attorney  to  the  court. 
"OGDEN  EDWARDS. 

"  Penfield,  August  13, 1827." 

That  the  judge  should  have  so  soon  relin- 
quished his  determination,  so  often  expressed, 
not  to  take  sides  in  relation  to  the  report,  not 
to  look  at  the  statement  of  either  party,  and 
not  to  report  the  case  to  the  supreme  court 
until  ordered  by  them  to  do  so,  is  not  less  sur- 
prising than  that  he  should  continue  to  with- 
hold a  copy  of  bis  minutes  aud  of  his  charge, 
and  certify  as  correct  the  statement  of  the  dis- 
trict attorney,  without  giving  Mr.  Barker  an 


PROCEEDINGS   IN    THE    SUPREME   COURT. 


201 


opportunity  of  pointing  out  the  manifold  errors 

and  discrepancies  which  run  through  the  whole 
document;  which  document,  the  judge  states 
in  his  certificate,  he  had  compared  with  his 
own  notes,  without  saying  that  his  notes  were 
short  and  imperfect;  a  fact  within  his  own 
knowledge,  and  which  had  induced  him  to  de- 
clare to  Mr.  Griffin  and  Mr.  Barker,  that  he 
could  not  rely  upon  them  ;  and  yet  he  refers 
to  his  own  notes  in  his  certificate  in  such  terms 
as  would,  iu  the  opinion  of  Mr.  Barker,  lead 
the  supreme  court  to  suppose  they  were  full 
and  accurate,  and  entitled  to  implicit  con- 
fidence. 

Mr.  Barker  wishing  the  public  to  understand 
the  district  attorney's  version  of  all  that  had 
occurred,  borrowed  the  document  from  the 
messenger,  and  with  the  assistance  of  three  or 
four  friends,  took  a  copy  of  it  before  the  rising 
of  the  sun  on  the  following  day,  which  copy, 
although  imperfect  and  full  of  errors,  he  caused 
to  be  immediately  published  in  pamphlet  form. 

The  public  mind  was  constantly  poisoned  by 
the  erroneous  statements  of  Maxwell,  his  in- 
flamatory  speeches  and  newspaper  misrepre- 
sentations; in  refuting  which  James  Gordon 
Bennet,  esq.,  then  editor  of  the  National  Advo- 
cate, was  particularly  useful,  and  did  more  to 
disabuse  the  public  mind  than  all  the  other  news- 
papers of  the  nation;  to  him  Mr.  Barker  feels  un- 
der lasting  obligations. 

The  whole  subject  was  finally  disposed  of  by 
the  following  proceedings : 

"SUPREME  COURT. 

"  Henry  Eckford,  Joseph  G.  Swift,  William  P 
Rath  bone,  Thomas  Vermilyea,  George  W. 
Brown.  Mark  Speucer,  Matthew  L.  Davis  and 
Jacob  Barker, 

ads. 

The  People. 
"New  i'ouk.  October  2.",,  1827. 

"Sin:  You  will  please  to  take  notice,  that  I  in- 
tend to  move  on  Thursday  of  next  week,  the 
first  of  November,  the  honorable  the  supreme 
court  at  the  capitol  at  Albany,  or  as  .-nun  there- 
after as  counsel  can  be  heard,  thai  the  indict- 
ment in  this  case  be  quashed,  or  that  a 
prosequi  be  entered,  lor  reason  that  the 
indictment  is  not  supported  by  the  authority 
of  law. 

"  Yuur  obedient  servant, 

"JACOB  BARKER. 
"Hugh  Maxwell,  esq.,  District  Attorney" 


"In  ,-  I  '■■urt,  \\th  Nbvemb  r,  1827. 

"  Jacob  Barker  and  others, 
a<!s. 
"  The  People. 
"On  motion,   Ordered  that  the  indictment  in 
in  this  cause  be  quashed. 

"JOHN  KEYES  PAIGE,  Clerk." 

The  conspiracy  trials  being  over,  and  the 
chancery  suit  continued,  Mr.  Barker  caused 
many  members  of  the  grand  jury,  the  district 
attorney,  clerk  of  the  court,  many  of  the  direc- 
tors and  officers  of  the  institutions  alleged  to 
have  been  defrauded,  to  be  examined,  under 
oath,  as  witnesses  before  the  master  in  chan- 
cery, to  whom  the  case  had  been  referred,  from 
some  of  whom  he  obtained  the  original  records 
of  the  parties  to  the  fraud  on  the  Tradesmen's 
Bank,  fixing  the  date  when  it  happened,  at 
which  time  he  was  not  in  the  State  of  New 
York ;  that  he  had  been  wrongfully  deprived 
of  his  papers  by  Hugh  Maxwell,  who  promised 
the  grand  jury  that  they  should  be  forthcoming 
on  the  trial ;  that  he  took  from  the  clerk  of  the 
court  Mr.  Barker's  proofs  as  soon  as  the  grand 
jury  filed  them,  and  selected  therefrom  the  let- 
ters, six  in  number,  from  Mr.  Eckford  to  Mr. 
Barker,  which  west  to  contradict  the  declara- 
tion that  Maxwell  graciously  made,  viz:  "that 
Mr.  Eckford  had  been  made  the  victim  of 
others."  When  he  promised  to  restore  him  to 
the  good  opinion  of  his  acquaintances,  the  let- 
ters he  took  off,  leaving  the  other  pa|  erg. 
When  he  was  called  upon  to  produce  them  on 
the  trial  he  said  he  had  them  not.  Mr.  Hat- 
field proved  he  had  them  in  court,  and  that,  he 
knew  he  had  them  there.  The  trial  went  on, 
and  he  did  not  produce  them  ;  that  when  he 
was  constrained  by  the  court  of  chancer*  long 
alter  the  trial  to  account  for  them,  he  lilcd  with 
the  clerk  of  the  court  from  which  he  louk  them 
seven  letters;  that  the  seventh  was  not  ad- 
dressed to,  or  intended  for,  Mr.  Barker,  he  had 
never  seen  it,  thus  furnishing  the 
presumptive  evidence  that  an  unworlhjj  intrigue 
had  been  going  on  between  the  public  pi 
cutor  and  an  indicted  and  aoacq  litli  !  indi- 
vidual. This  testimony  also  established  Mr.  B.'i 
entire  freedom  from  all  the  olfenees  chai 
whereupon  he  called  a  public  meeting  at  tho 
Merchant's  Exchange,  in  Wall  street,  and 
hibited  the  record  of  the  midnight  conspirator! 
against  the  Tradesmen's  Bank.  The  said  re- 
cord was   in   the  handwriting  of  the  recorder, 


202 


LIFE   OF   JACOB   BARKER. 


who  had  wrongfully  made  Mr.  B.  pay  five  hun- 
dred dollars  for  publishing  alleged  libels  in  re- 
lation to  the  conspiracy  trials,  and  put  him 
under  bonds  not  to  do  so  again.  He  urged  on 
the  grand  jury  the  importance  of  these  papers, 
stating  he  relied  upon  them  as  a  shield  in  the 
approaching  trial ;  that  the  object  of  the  dis- 
trict attorney  in  demanding  to  have  them  de- 
livered to  him  was  to  shield  those  against 
whom  the  complaint  under  consideration  was 
made  for  conspiring  to  make  Mr.  B.  answer- 
able for  their  own  sins,  and  if  he  did  get  posses- 
sion they  would  not  be  forthcoming  on  the 
trial.  The  grand  jurors  testified  to  Mr.  Bar- 
ker's extreme  reluctance  at  leaving  them.  De- 
priving an  accused  party  of  the  evidence  on 
which  he  relied  for  his  defence,  which  was 
documentary,  in  his  own  possession,  and  his 
own  property,  was  as  great  an  outrage  as  was 
ever  committed  by  the  public  prosecutor  of  any 
country. 

Mr.  Barker's  anxiety  that  the  public  should 
be  kept  informed  of  all  the  facts  of  the  case, 
applied  to  many  of  the  city  papers  for  the  pub- 
lication of  the  necessary  proofs.  The  influence 
of  the  moneyed  aristocracy  over  the  press  was 
great,  as  will  be  seen  by  the  letter  of  Messrs. 
D  wight  &  Townsend,  herein  published,  and  the 
following : 

"My  carriage  is  at  the  door,  and  I  am  this 
moment  stepping  into  it;  but  Icannotdoso  with- 
out first  suggesting  to  you  the  necessity  of  fur- 
nishing me  with  law  authorities  to  my  hand,  for 
you  know  I  am  incapable  of  stirring  a  step  out 
of  mv  office. 

"  Where  is  Mr.  Selden  ? 

"  Give  me  tools  in  my  hands,  and  I  will  use 
them,  but  I  cannot  seek  them. 

"WM.  COLEMAN." 

"April  19,  2  o'clock,  1828. 
"Dear  Sir:  I  find  it   utterly  impossible   to 
become  your  public  advocate  without  a  greater 
sacrifice  than  you  would  wish  me  to  make,  but 
ask  no  questions. 

"  Noah  and  Graham  have  a  fine  opportunity 
to  show  themselves  to  very  desirable  advantage. 
"  Hastily, 

"WM.  COLEMAN." 
"  New  York,  March  15,  1843. 
"My  Dear  Sir:  I  received  a  few  days  since, 
and  have  read  with  much  pleasure,  a  recent 
speech  of  yours  before  a  parish  court,  in  New 
Orleans.  As  a  forensic  effort,  it  is  truly  origi- 
nal;  for  the  occasion  and  object,  truly  admi- 
rable. 


"  It  embraces  history,  past  and  present, 
biography,  personal  and  political,  together  with 
sketches  and  views  of  acts  and  things,  of  morals 
and  principle,  all  just  and  true,  and,  what  is  no 
small  addition,  eloquently  expressed. 

"  This  speech,  my  friend,  does  you  great 
credit. 

"  It  is  a  full  and  vigorous  vindication  of  your 
motives  and  character,  and  will,  I  hope,  pro- 
duce a  just  and  salutary  effect. 

"Prejudice  is  not  only  the  offspring  of  ig- 
norance, but  the  mother  of  calumny,  and  is  to 
be  corrected  and  silenced  only  by  the  lash. 

"  You  have  taught  the  rogues  a  lesson  which 
they  will  not  soon  forget. 

"  Your  account  of  yourself  was  necessary,  it 
was  indispensable  to  your  justification,  and  the 
open,  frank,  and  manly  manner  of  it  does  you 
^reat  credit. 

"  I  shall  never  forget  the  persecutions  you 
endured  and  triumphed  over  in  ibis  city. 

"It  was,  in  my  judgment,  bitter  and  malig- 
nant in  the  extreme. 

"  I  expressed  my  sense  of  it,  at  the  time,  in  a 
poetical  satire;  which,  after  all,  I  dared  not 
publish. 

"It  was  a  brief  review  of  your  history  and 
character,  with  a  glance  at  the  motives  and 
character  of  your  assailants. 

"I  am  almost  tempted  to  give  you  some  of 
the  concluding  lines  of  it. 

"Afier  speaking  of  you  with  much  freedom, 
and,  perhaps,  some  severity,  it  concludes  as 
follows : 

" '  We  lennw  him  well,  and  his  most  graceless  deed 

Is  blazed  so  broad  that  he  who  runs  may  read  ; 

Yet  do  we  hold  him  far  above  that  crew, 

Who  erst,  like  blood-hounds,  did  his  track  pursue ; 

Who  basely  joined  the  insensate  rabble's  cry, 

And  tried  their  utmost  powers  to  crucify. 

Hi-  has,  with  all  his  faults,  redeeminy  traits — 

That  pride,  which  still  on  independence  waits; 

Strong  sense,  which  no  vain  folly  can  efface  ; 

Domestic  virtues,  and  affections,  grace ; 

Strength,  that  against  oppression  takes  its  stand ; 

A  manly  spirit,  and  a  liberal  hand  ; 

A  zeal  that  scorns  e'en  danger  to  elude; 

Unfaltering  faith  and  matchless  fortitude. 

While  tltei/,  by  spite  or  meaner  passions  sway'd, 

Have  maiice,  spleen,  and  impotence  betrayed ; 

A  graceless  corps,  whom  scarce  a  virtue  warms, 

No  pride  ennobles,  and  no  vice  alarms; 

Alike  devoid  of  spirit  and  of  shame, 

Who  cringe  to  power  and  tremble  at  a  name; 

Who,  destitute  of  merit  as  of  wit, 

Still  strive  to  bite,  yet  grumble  when  they're  bit; 

Still  prate  of  morals  with  malicious  grin, 

Yet  canting,  hide  the  lurking  fiend  within ; 

Who  boast  of  honor,  yet  to  honor  dead, 

O'er  truth  and  charity  unblushing  tread  ; 

Who  envy  practices  beyond  their  skill, 

And  rail  at  vices  which  they  practice  still ; 

Who,  parrot-like,  repeat  each  senseless  tone, 

And  damn  from  spite  or  prejudice  alone. 

The  muxe,  though  weak  her  voice,  unfamed  her  song, 

Indignant  speaks  her  fix'd  contempt  of  wrong. 

She  still  resists  where'er  injustice  rules, 

And  scorns  the  arts  of  knaves,  the  power  of  fools  ; 

The  senseless  prejudice,  the  furious  zeal 

Of  those  who  neither  know,  nor  think,  nor  feel, 

liut  as  the  vane  of  pop'lar  passion  plays, 

Or  as  the  sordid  power  of  interest  sways. 

She  scorns  the  oath  combined  with  secret  grudge, 

The  base  caballer,  and  the  bias'd  judge  ; 

The  selfish  views  that  with  ambitious  aim 

Build  on  the  ruins  of  another's  fame. 


TESTIMONY   BEFORE   THE   MASTER   IN   CHANCERY. 


203 


She  scorns  the  pliant  tool  that's  hasely  led 

To  hurl  his  vengeance  at  a  guiltless  head  ; 

Who,  won  by  wealth,  or  bribed  by  vile  applause, 

Colleagues  with  malice,  and  perverts  the  laws; 

She  scorns  the  caitiff  who  would  damn  in  spite 

Of  his  own  sense  of  justice  and  of  right ; 

Who  to  the  favored  few  corruptly  leans, 

And  kindred  crimes  with  kindred  baseness  screens.' 

"No  man,  except  the  person  who  wrote 
them,  can  understand  the  above  lines  as  well 
as  yourself. 

"Very  sincerely  yours, 

*     #     *     *     * 

"Jacob  Barker,  esq., 

"New  Orleans." 

In  consequence  of  the  avenues  to  the  public 
mind,  through  the  daily  press,  being  thus  ob- 
structed, Mr.  Barker  continued  to  address  them 
in  pamphlet  form,  from  which  the  following 
extracts  are  taken. 

Testimony  taken  before  Thomas  Bolton,  master 
in  chancery,  in  the  suit  in  chancery  of  Henry 
Barclay,  and  others,  vs.  Henry  Eckford, 
Jacob  Barker,  and  others: 

"  Clarkson  Crolius,  sworn  on  the  part  of  Mr. 
Barker,  and  being  asked  :  Was  you  a  member 
of  the  grand  jury  for  the  city  and  county  of 
New  York,  for  the  month  of  June,  one  thou- 
sand ei^ht  hundred  and  twenty-seven  ? 

"  He  answers  :  He  was  a  member  of  the 
grand  jury  in  the  summer  of  that  year,  and  he 
thinks  it  was  for  the  month  of  June. 

"Being  asked:  Did  yon  see  sundry  letters 
from  Henry  Eckford,  documents  and  papers 
appertaining,  directly  or  indirectly,  to  the  ac- 
count and  transactions  between  Jacob  Barker 
and  the  Life  and  Fire  Insurance  Company  ? 

"  He  answers  :  I  did  ;  I  saw  said  letters  and 
heard  them  read;  other  papers  also.  All  said 
papers,  witness  thinks,  had  a  bearing,  directly 
or  indirectly,  on  the  subject  enquired  about. 
Some  of  the  documents  related  to  the  transac- 
tions of  Mr.  Rathbone. 

"  Being  asked  :  From  whom  did  you  receive 
those  papers? 

"  He  answers :  They  were  presented  to  the 
grand  jury  by  Mr.  Barker. 

"  Being  asked  :  Did  the  grand  jury  return 
those  papers  to  Mr.  Barker? 

"He  answers:   They  did  not. 

"Being  asked:  What  was  done  with  those 
papers  ? 

"He  answers:  They  were  handed  to  the 
foreman  of  the  grand  jury  to  deliver  to  the 
court,  with  the  express  understanding  that  Mr. 
Barker  should  have  them  whenever  he  should 
need  them.  This  was  so  assented  to  by  the 
district  attorney,  and  promised  by  him  that 
Mr.  Barker  should  have  the  benefit  of  said 
papers  before  the  court  whenever  they  should 
be  required.  The  reason  of  this  pledge  beinjj; 
taken  was  because  Mr.  Barker  slated  to  the 
grand  jury  that  he  was  afraid  that  if  he  parted 
with  them  he  should  never  be  able  to  obtain 


them  again.  The  dislrict  attorney  stated  that 
the  court  was  a  safe  deposite  for  those  papers, 
and  that  Mr.  Barker  could  have  them  when 
required.  Mr.  Barker  gave  them  up  with 
great  reluctance.  He  considered  the  district 
attorney  as  expressing  his  opinion  that  it  was 
the  duty  of  the  grand  jury  to  retain  those 
papers  and  hand  them  to  the  court. 

"Being  asked  by  Mr.  Barker:  Did  I  not 
request  the  grand  jury,  during  their  session,  to 
return  said  papers  to  me,  and  object  to  their 
being  given  to  anyone  else? 

"  He  answers:  I  think  you  did.  Mr.  Barker 
stated  that  there  was  a  suit  coming  on  shortly 
against  him  for  an  alleged  conspiracy,  in  which 
those  papers  would  be  of  the  most  essential 
service  to  him.  Mr.  Barker  parted  with  them 
with  great  reluctance. 

"  Being  examined  by  Mr.  Hoffman,  says : 
He  knows  of  no  schedule  of  said  papers  being 
made;  cannot  enumerate  them.  There  may 
have  been  one  or  two  of  them  which  were  not 
read.  Says,  there  may  have  been  from  twelve 
to  fifteen  papers,  perhaps  more,  perhaps  less  ; 
he  cannot  speak  with  certainty  as  to  their 
number  ;  rather  thinks  there  were  rising 
twelve  ;  there  were  probably  three  letters  from 
Mr.  Eckford. 

"  Edioard  Probyn,  sworn  on  the  part  of  Mr. 
Barker,  and  being  asked:  Was  you  a  member 
of  the  grand  jury  for  the  city  and  county  of 
New  York  for  the  month  of  June,  one  thousand 
eight  hundred  and  twenty  seven? 
"  He  answers  :  He  was. 
"  The  examination  of  Clarkson  Crolius  being 
read  over  to  him  he  says  the  same  is  correct, 
and  is  a  fair  statement  of  what  took  place 
before  the  grand  jury  on  that  occasion.  Says 
it  was  perfectly  understood  by  the  grand  jury 
that  Mr.  Barker  was  to  have  the  benefit  of  the 
papers  at  the  approaching  trial  for  the  alleged 
conspiracy,  and  that  when  Mr.  Barker  objected 
to  leaving  his  papers  with  the  #rand  jury,  the 
question  was  put  to  him  whether  he  was  will- 
ing to  leave  the  papers  rather  than  withdraw 
his  complaint?  Mr.  Barker  replied,  if  he  could 
not  have  them  back  on  any  other  terms  he 
would  rather  leave  them,  and  he  left  them  with 
extreme  reluctance.  Mr.  Maxwell  argued  his 
right  to  appear  before  the  grand  jury  at  that 
time,  and  it  was  opposed  by  some  of  the  grand 

jUI7- 

"  Anson  G.  Phelps,  sworn  on  the  part  of  Mr. 
Barker,  and  being  asked:  Was  you  a  member 
of  the  grand  jury  for  the  city  and  county  of 
New  York  for  the  month  of  June,  one  thousand 
eight,  hundred  and  twenty-seven? 

"  He  answers :  I  do  not  recollect  the  month, 
but  I  was  a  member  of  the  grand  jury  the  fore 
part  of  last  summer.  The  testimony  of  Clark- 
son Crolius  and  Edward  Probyn  being  read 
over  to  him,  he  says  said  testimony  is  generally 
correct.  The  district  attorney  claimed  that 
these  documents  belonged  to  the  court,  and 
that  as  such  it  was  his  duty  not  to  allow  them 


204 


LIFE    OP   JACOB   BARKER. 


to  be  returned  to  Mr.  Barker,  but.  that  they 
would  at  all  times  be  accessible  to  Mr.  Barker 
on  the  files  of  the  court. 

"  George  P.  Rogers,  sworn  on  the  part  of 
Mr.  Barker,  and  asked :  Was  you  not  a  mem- 
ber of  the  grand  jury  in  June,  one  thousand 
eight,  hundred  and  twenty-seven? 

"  He  answers  :  I  was  a  member  of  the  grand 
jury  for  the  month  of  June,  one  thousand  eight 
hundred  and  twenty  seven,  for  the  city  and 
county  of  New  York.  The  testimony  of  Clark - 
son  Crolius,  Edward  Probyn,  and  Anson  G. 
Phelps,  being  read  over  to  him  at  his  request, 
he  says  it  is  generally  correct  throughout  and 
is  substantially  true.  Mr.  Maxwell  was  present, 
and  insisted  upon  his  right  to  he  present,  before 
the  grand  jury.  Some  of  the  jury  were  very 
much  opposed  to  it.  There  was  some  discus- 
sion among  the  jury.  There  was  a  consider- 
able number  of  papers  laid  before  the  grand 
jury  by  Mr.  Barker;  they  were  handed  to  the 
foreman.  Mr.  Barker  objected  very  strongly 
to  their  being  retained  by  the  jury  and  kept 
from  him.  These  papers  were  handed  to  the 
court.  The  district  attorney  told  the  foreman 
of  the  grand  jury  to  retain  them  and  hand 
them  to  the  court,  and  not  to  return  them  to 
Mr.  Barker.  Witness  thought  they  were  to 
become  a  record  of  the  court,  and  that  the 
parties  could  have  reference  to  them  whenever 
they  might  want  them,  or  copies  of  them,  by 
application  to  the  court. 

"  Hugh  Maxwell,  sworn  on  the  part  of  Mr. 
Barker,  and  being  asked  :  Have  you  seen, 
since  the  failure  of  the  Life  and  Fire  Insurance 
Company,  sundry  original  letters,  in  the  hand- 
writing of  Henry  Eckford,  addressed  to  Jacob 
Barker,  or  J.  Barker? 

"  He  answers  :  I  have. 

"  Being  asked :  Have  you  had  them  in  your 
possession  ? 

"  He  answers  :  I  have. 

"  Being  asked  :  Were  they  in  your  possession 
in  the  month  of  June,  one  thousand  eight  hun- 
dred and  twenty-seven,  during  the  trial  of  Mr. 
Barker  for  an  alleged  conspiracy? 

"He  answers:  They  were  in  my  possession  at 
one  time,  having  been  procured  by  me  from 
the  clerk  of  the  court,  Mr.  Hatfield,  to  whom 
they  had  been  given  by  the  grand  jury. 

''Being  asked:   What  is  meant  by  one  time? 

"  He  answers:  Part  of  them  were  in  my  pos- 
session, I  think,  before  the  trial,  and  all  of 
them  about  the  time  of  the  trial. 

"Being  asked:  Were  all,  or  any  of  them,  in 
your  possession  at  any  time  during  the  trial? 

"He  answers:  They  were  all  in  my  posses- 
sion, I  believe,  at  that  time. 

"  Being  asked:  Did  Mr.  Barker  apply  to  you 
to  produce  them  on  that  trial? 

"He  answers :  Mr.  Barker,  or  somebody  else, 
spoke  to  me  about  them,  and  I  referred  them 
to  Mr.  Hatfield,  supposing  I  had  returned  them 
to  Mr.  Hatfield. 


"Being  asked:  Did  not  Mr.  Barker  apply  in 
person  ? 

"He  answers:  I  think  he  did;  and  that  some 
one  else  came  with  a  subpoena  duces  tecum. 

"  Being  asked :  Were  they  produced  on  that 
trial? 

"  He  answers:  I  believe  they  were  not,  and 
that  no  other  application  was  made  on  the  sub- 
ject; and  he  says,  if  the  mistake  had  been  ex- 
plained, they  would  have  been  exhibited  ;  they 
were  in  court  at  the  time  in  the  bundle  of 
papers  in  my  possession. 

"Being  asked:  When  you  say  that  they  had 
been  given  to  Mr.  Hatfield,  the  clerk,  by  the 
grand  jury,  do  you  mean  to  say  that  of  your 
own  knowledge,  or  from  the  information  of 
others? 

'He  answers:  I  infer  it  because  it  was  the 
ordinary  course  of  business  for  the  grand  jury  to 
return  papers  to  the  clerk,  and  I  applied  to 
him  for  them. 

"Being  asked:  Do  you  know  how  the  grand 
jury  came  in  possession  of  the  said  letters 
from  Henry  Eckford  ? 

"He  answers:  I  decline  answering  this 
question,  because  my  information  was  officially 
obtained. 

"Being  asked:  Was  you  informed  that  the 
grand  jury  had  a  special  meeting  of  an  after- 
noon, towards  the  close  of  the  session,  imme- 
diately preceding  the  delivery  of  said  letters  to 
the  clerk,  to  hear  a  complaint  from  Mr.  Barker 
against  Richard  Riker  and  William  P.  Rath- 
bone,  and  others? 

"He  declines  answering  for  the  reasons 
above  assigned. 

"Being  asked:  Did  you  not  go  to  that  grand 
jury,  and  find  Mr.  Barker  there,  and  demand 
to  be  present  during  his  complaint? 

"He  answers  as  last  beforesaid. 

"Being  asked  :  Did  not  the  grand  jury  decide 
that  you  had  no  right  to  be  present  at  the  time 
Mr.  Barker  was  making  his  complaint,  and  did 
you  not  retire  in  consequence  thereof,  first  de- 
manding of  them  to  retain  whatever  papers 
Mr.  Barker  should  present  in  support  of  his 
complaint? 

"  He  answers  as  last  aforesaid. 

"Being  asked:  Have  you  been  retained  by 
the  Lite  and  Fire  Insurance  Company  since 
the  failure  of  said  company? 

"He  answers:  I  was  employed  as  counsel 
some  two  or  three  weeks  before  the  indictments 
were  found  against  the  individuals  connected 
with  that  company,  by  or  on  behalf  of  said 
company;  it  was  by  letter  from  Mr.  Vernihyea, 
or  some  one  of  the  directors  or  officers  of  said 
company;  and  upon  Mr.  Lawrence  and  Mr. 
Hoffman's  being  appointed  receivers  of  said 
company.  I  called  on  Mr.  Lawrence  and  in- 
formed 'him  I  had  been  so  retained.  I  am 
inclined  to  think,  and  am  certain,  the  retainer 
was  sent  to  me  after  the  failure  of  said  com- 
pany. 


TESTIMONY   BEFORE    THE   MASTER   IN   CHANCERY. 


205 


"Being  a>ked:  Have  you  brought  with  you  \ 
a  letrer  from  Henry  Eckford  to  Jacob  Barker, 
bearing  date  on  or  about  the  seventh  day  of 
May,  one  thousand  eight  hundred  and  twenty- 
six,  and  three  other  letters  from  said  Eckford 
to  said  Barker,  of  the  same  year;  also  the 
several  papers  which  in  the  late  trials  for  con- 
spiracy v,-ere denominated  the  Rathbone  papers; 
also  a  receipt,  bearing  date  on  or  about  May 
the  tenth,  one  thousand  eight  hundred  and 
twenty  six,  for  one  thousand  shares  Fulton 
Bank  stock,  signed  H.  Eckford  &  Co.,  or 
Henry  Eckford  &  Co.? 

"He  answers  :  The  last  paper  I  do  not  recol- 
lect ever  to  have  seen.  With  respect  to  the 
others,  they  are  in  the  possession  of  Mr.Hatfield, 
the  clerk  of  the  said  court,  as  I  believe.  They 
are  not  in  my  possession.  The  letters  referred 
to  were  left  with  Mr.  Hatfield  some  two  or 
three  weeks  ago.  The  four  papers,  denominated 
the  Rathbone  papers,  were  left  with  him  this 
morning,  since  the  service  of  the  subpoena 
duces  tecum  in  this  cause,  the  clerk  being,  in 
the  opinion  of  witness,  the  proper  officer  to 
produce  papers. 

"Being  asked:  Was  Mr.  Hatfield  clerk  of 
the  court  where  the  conspiracy  trial  aforesaid 
took  place,  in  June,  one  thousand  eight  hun- 
dred and  twenty-seven,  when  the  papers  were 
demanded  as  aforesaid  ? 

"He  auswers:  Mr.  Hatfield  was  not  clerk  of 
the  court  where  the  cause  was  tried,  Mr.  Fair- 
lie  was. 

"Here  Mr.  Maxwell  required  the  questions 
to  be  reduced  to  writing.  To  give  time  to  pre- 
pare them  he  was  suffered  to  depart.  Not 
attending  at  the  next  meeting,  a  new  subpoena 
was  sent  him  ;  still  he  did  not  attend,  and  all 
the  efforts  of  Mr.  Barker  to  induce  him  to  give 
further  attendance  before  the  master  in  chan- 
cery have  proved  unavailing. 

"Richard  Hatfield,  sworn  on  the  part  of  Mr. 
Barker,  produces  six  original  letters  from 
Henry  Eckford  to  Jacob  Barker,  and  one  from 
the  same,  dated  July  twenty-ninth,  no  direction. 
Says  :  He  believes  said  letters  to  be  in  the 
hand  writing  and  signature  of  Henry  Eckford, 
with  the  exception  of  the  one  dated  the  thir- 
teenth September,  one  thousand  eight  hundred 
and  twenty-six.  The  body  of  this  letter  is  in 
the  hand  writing  of  some  other  person,  but  the 
signature  he  believes  to  be  Mr.  Eckford's — has 
seen  Mr.  Eckford  write  once  or  twice,  perhaps 
more,  and  he  believes  them  to  be  Mr  Eckford's. 
The  copies  produced  and  left  by  witness  are 
true  copies  of  said  originals. 

"Mr.  Hatfield  again  called,  by  Mr.  Barker, 
and  being  asked  :  From  whom  did  you  receive 
the  letters  alluded  to  in  your  former  examina- 
tion? 

"He  answers:  I  received  them  from  the 
grand  jury,  in  May  or  June,  one  thousand  eight 
hundred  and  twenty-seven,  I  believe,  or  there- 
abouts, with  other  papers. 


"Being  asked:  Have  they  remained  in  your 
possession  ever  since? 

"He  answers:  He  thinks  on  the  very  day 
they  were  delivered,  but  is  not  certain  as  to  the 
day,  but,  at  any  rate,  within  a  very  few  days 
thereafter,  he  delivered  to  Mr.  Maxwell,  at  his 
request,  six  letters  purporting  to  be  from  Hen- 
ry Eckford  to  Jacob  Barker,  together  with  a 
deposition  of  Mr.  Barker. 

"  Being  asked  :  When  did  you  receive  them 
back  from  Mr.  Maxwell? 

"  He  answers  :  About  two  or  three  weeks 
past,  he  thinks. 

"Being  asked:  If  you  can  particularize 
which  of  the  seven  letters  produced  by  you 
compose  the  six  referred  to  as  above? 

"  He  answers  :  He  cannot  say  which. 

"  Being  asked  :  Did  you  receive  from  Mr. 
Maxwell  the  seventh  letter  with  the  six  so  re- 
turned ? 

"He  answers:  I  received  from  Mr.  Maxwell, 
or  from  his  clerk,  a  number  of  letters,  which  I 
supposed  to  be  the  same  I  had  delivered  to 
him  ;  there  were  seven  letters  so  delivered  to 
witness,  as  the  witness  found  upon  examination 
here  before  the  master,  and  not  before. 

"Being  asked:  Was  you  served  with  a 
subpoena  duces  tecum,  on  behalf  of  Mr.  Barker, 
to  produce  those  letters  in  court  on  the  con- 
spiracy trial,  in  June,  one  thousand  eight  hun- 
dred and  twenty-seven,  at  the  trial  of  Mr.  Bar- 
ker for  an  alleged  conspiracy  ? 

"  He  answers  :  He  was  served  with  such  sub- 
poena to  produce  certain  letters,  he  presumes 
those  inquired  about. 

"  Being  asked  :  Did  you  not  appear  in  court 
on  that  trial,  and  inform  Mr.  Barker  that  you 
had  no  such  papers  in  your  possession  ? 

"He  answers  :  He  did. 

"Being  asked  :  Did  you  not  at  that  time  in- 
form the  district  attorney  that  such  subpoena 
had  been  served  on  you,  and  that  you,  the 
witness,  had  not  the  papers,  but  that  he,  the 
district  attorney,  had  them? 

"  He  answers  :  He  did. 

"  Being  asked :  Did  Mr.  Maxwell  on  that 
occasion  deny  having  them? 

"  tie  answers  :  I  think  he  did  at  first,  but 
afterwards,  at  the  same  interview,  he,  the  dis- 
trict attorney,  became  satisfied  that  he,  the  dis- 
trict attorney,  had  them,  as  witness  believes. 

"  Being  asked  :  Do  you  know  the  hand-wri- 
ting of  the  endorsement  on  a  letter  from  H. 
Eckford,  which  is  not  addressed  to  Jacob  Bar- 
ker or  any  other  person,  which  letter  is  before 
referred  to  in  your  previous  examination,  and 
bears  date  July  the  twenty-ninth,  one  thousand 
eight  hundred  and  twenty  six? 

"He  answers:  He  cannot  say  he  does,  but 
he  believes  it  to  be  Mr.  Colden's. 

"Mr.  Hatfield  again  called  by  Mr.  Barker, 
and  asked  :  When  you  say  you  delivered  the 
letters  from  Mr.  Eckford,  how  do  you  mean  to 
be  understood? 


206 


LIFE   OF   JACOB   BARKER. 


u  He  answers :  Mr.  Maxwell  asked  me  for 
Barker's  papers,  received  from  the  grand  jury, 
the  same  day,  or  very  soon  thereafter,  on  which 
they  were  received  from  the  grand  jury — I 
think  it  was  in  court  where  they  were  received 
— I  handed  him  the  bundle  to  look  at;  he  se- 
lected out  the  letters  of  Mr.  Eckford,  and  was 
about  taking  them  away,  leaving  the  others. 
I  requested  him  to  stop  until  I  could  take  a 
a  list  of  them.  He  did  so  ;  I  made  a  memo- 
randum on  the  bundle  that  six  letters  from 
Henry  Eckford  to  Mr.  Barker  had  been  taken 
out  and  delivered  to  the  district  attorney,  with 
Mr.  Barker's  deposition,  or  words  to  that 
effect. 

"  Being  asked  :  Did  Mr. Maxwell  leave  some 
papers  with  you,  on  Friday,  the  twenty-fifth 
day  of  January,  one  thousand  eight  hundred 
and  twenty-eight,  denominated  the  Rathbone 
papers  ?  and  how  many  ? 

"  He  answers:  He  left  four  papers  with  me, 
marked  1,  2,  3,  4. 

"  Being  asked  :  Did  Mr.  Maxwell  require  a 
receipt  for  said  papers? 

"  He  answers  :  He  did  ;  I  gave  it. 

"  Being  asked  :  Were  those  papers  ever  in 
your  possession  before? 

"  He  answers  :  Never  before. 

"Being  asked:  Were  they  not  among  any 
papers  previously  filed  by  you  as  clerk? 

"He  answers:  They  were  not. 

The  reader  will  observe,  that  Mr.  Maxwell, 
under  the  solemnity  of  his  oath,  says:  "If  the 
mistake  had  been  explained,  they  would  have 
been  exhibited;"  and  that  Mr.  Hatfield,  under 
the  solemnity  of  his  oath,  says,  "  Thaton  receiv- 
ing the  subpcena  to  produce  the  papers,  he  went 
into  the  court,  during  the  trial  of  Mr.  Barker, 
and  informed  the  district  attorney  that  he,  Hat- 
field, had  them  not,  but  that  he,  the  district 
attorney,  had  them."  Thus,  we  see,  the  al- 
leged mistake  was  explained,  and  yet  the  pa- 
pers were  not  produced,  and  to  believe  they 
were  forgotten  requires  an  uncommon  share  of 
charity  ;  and  in  forming  an  opinion  on  this 
solemn  point,  the  mind  is  irresistibly  led  to 
review  the  whole  conduct  of  the  district  attor- 
ney in  the  case,  especially  the  manner  in  which 
he  obtained  the  papers,  the  solemn  promise 
made  to  the  grand  jury  that  the  papers  should 
be  produced  on  trial,  the  unlawful  manner  of 
removing  them  from  the  files  of  the  court,  the 
indignity  with  which  he  treated  the  supreme 
court  in  defying  their  authority,  by  telling  them 
he  would  not  submit  to  its  exercise,  when  they 
refused  to  allow  the  cause  to  go  back  to  the 
court  of  Oyer  and  Terminer,  and  by  subse- 
quently applying  to  the  grand  jury  for  new  in- 


dictments to  enable  him  to  cary  that  defiance 
into  effect.  The  few  individuals  who  have 
contributed  their  money  towards  the  purchase 
of  a  service  of  plate  for  the  district  attorney 
are  requested  to  consider  these  things,  and  also 
to  read  the  preceding  testimony,  that  they  may 
know  the  character  and  conduct  that  they  have 
undertaken  to  sustain. 

When  I  detected  and  exposed  the  appalling 
fact  that  the  district  attorney  had  accepted  of 
three  hundred  dollars  from  Mr.  Eckford,  and 
other  sums  from  divers  others  of  the  indicted, 
immediately  after  the  first  trial,  it  was  at- 
tempted by  Mr.  Maxwell  or  his  friend,  through 
the  columns  of  the  Enquirer,  to  induce  the  pub- 
lic to  believe  that  the  letters  from  Mr.  Eckford, 
of  which  the  district  attorney  deprived  me, 
were  of  no  consequence ;  I  ask  the  reader  to 
consider  that  of  the  seventh  of  May,  and  also 
that  of  21st  July,  which  are  in  the  words  fol- 
lowing: 

"  New  York,  May  7, 1826. 

"Dear  Sir:  Jn  consequence  of  advice  from 
Baltimore,  it  became  necessary  for  me  to  go 
on  to-day.  Have  the  goodness  to  send  me,  by 
to-day's  mail,  the  papers  you  talked  of.  It  will 
be  12  o'clock  to-morrow  before  I  leave  Phila- 
delphia. You  will  have  the  goodness  to  give 
such  aid  as  you  can  in  completing  the  arrange- 
ment with  Mr.  Spencer. 

"  Your  friend, 

"H.  ECKFORD. 

"Jacob  Barker,  esq. 

"  Directed,  Jacob  Barker,  esq., 

"  Present. 

"  A  true  copy, 

"R.  HATFIELD." 

"  New  York,  July  21,  1826. 
"  Dear  Sir  :  If  you  can  obtain  ten  thousand 
dollars  for  the  Morris,  I  will  guarantee  it.     Mr. 
Bayard  will  hand  you  the  notes  and  bonds  for 
$25,000 — it  will  accommodate  very  much. 
"  Yours,  &c, 

"H.  E." 
"  10  will  be  wanted  to-day,  and   5   probably 
to-morrow,  ar:d  5  when  wanted  after.    You  had 
better  negotiate  this  with  Mr.  Bayard. 
"  Directed  to  Jacob  Barker,  esq. 
"  A  true  copy, 

"  R.  HATFIELD." 

"Matthew  Reed,  sworn  on  the  part  of  Mr.  Bar- 
ker, and  being  asked  :  Was  you  president  of 
the  Tradesmens'  Bank,  in  June  and  July,  one 
thousand  eight  hundred  and  twenty-six? 

"He  answers:  He  was  then,  and  for  more 
than  a  year  previous. 

"Being  asked:  Was  William  P.  Rathbone 
elected  a  director  of  the  Tradesmen's  Bank,  on 


TESTIMONY   BEFORE  THE  MASTER  IN   CHANCERY. 


207 


the  third  of  July,  one  thousand  eight  hundred 
and  twenty-six? 

"  He  answers  :  He  was. 

"  B^ing  asked  :  Were  you  hoth  directors  of 
the  Life  and  Fire  Insurance  Company? 

"  He  answers  :  Witness  thinks  he  was,  and 
he  believes  William  P.  Rathbone  was,  during 
June  and  July,  one  thousand  eight  hundred 
and  twenty-six,  but  he  never  met  him  there. 

"  Being  asked  :  Were  rising  four  thousand 
shares  of  Tradesmen's  Bank  stock  transferred 
to  Wiliiam  P.  Rathbone,  in  July,  one  thousand 
eight  hundred  and  twenty-six? 

u  He  answered  :  There  were. 

"Being  asked  :  Did  William  P.  Rathbone  be- 
come indebted  to  said  bank  for  a  correspond- 
ing amount,  at  the  same  time? 

"  He  answers:  A  loan  was  agreed  to  be  given 
him  for  a  corresponding  amount,  at  the  same 
time,  estimating  the  stock  at  par. 

"  Being  asked  :  Was  not  a  Life  and  Fire  bond 
received,  for  about  two  hundred  and  sixty  thous- 
and dollars,  by  said  bank,  as  collateral  secu- 
rity for  such  indebtedness,  by  said  Rathbone? 

"He  answers:  There  was  a  bond  received, 
which,  he  thinks,  was  for  two  hundred  and  six- 
ty-two thousand  dollars,  in  addition  to  which, 
rising  four  thousand  shares  of  Tradesmen's 
Bank  stock  stood  in  Rathboue's  name,  which  it 
was  agreed  between  the  committee  of  the  bank, 
of  which  witness  was  one,  and  Rathbone,  should 
not  be  transferred. 

"  Being  asked  :  Was  Rathbone's  account  set- 
tled by  Governeur  with  the  bank,  and  was  all 
the  stock  which  had  been  transferred  to  Rath- 
bone delivered  to  the  bank  ? 

"He  answers:  The  account  was  so  settled, 
and  the  stock  so  delivered. 

"  Being  asked  :  Did  the  stock  so  delivered  to 
the  bank  embrace  eight  hundred  shares  which 
had  been  transferred  by  Rathbone  to  Seth  Stur- 
tevant? 

a  He  answers  :  It  did. 

"Being  asked:  Did  you  make  the  bargain 
for  the  sale  of  the  whole  of  the  stock  transfer- 
red to  Rathbone? 

"  He  answers  :  He  did. 

"Being  asked  :  With  whom? 

"  He  answers  :  With  Mr.  M.  L.  Davis,  as 
agent,  as  he  (Davis)  said,  and  not  himself  (Da- 
vis) interested  a  shilling. 

"  Being  asked  :  Did  he  tell  you  for  whom  he 
made  such  purchase? 

"  He  answers  :  He  did  not  in  distinct  terms, 
but  gave  him  to  understand,  and  in  such  man- 
ner that  Mr.  Davis  could  not  but  have  known 
at  the  time  the  impression  made  on  witness' 
mind,  which  was,  that  Davis  had  been  acting 
in  the  business  as  agent  of  Mr.  Eckford.  His 
reasons  for  thinking  so  were,  that  Mr.  Davis 
previously  informed  him  he  had  consulted  with 
Mr.  Eckford  relative  to  said  purchase,  and  that 
about  the  time  of  concluding  the  purchase,  Mr. 
Davis  told  witness  he  had  to  consult  two  per- 
sons, who  were  all  that  knew  of  the  negotiation 


for  the  purchase,  except  Mr.  Davis.  Witness 
then  asked  Mr.  Davis,  who  those  pevsons  were? 
to  which  Mr.  Davis  replied,  one  is  William  P. 
Rathbone,  and  hesitated  about  naming  the 
other,  when  witness  said  the  other  must  be  Mr. 
Eckford ;  and  witness  said  so  because  Davis 
had  previously  told  him  that  he  had  consulted 
Mr.  Eckford.  Upon  witness  naming  Mr.  Eck- 
ford, Mr.  Davis  smiled,  and  confirmed  the  im- 
pression upon  witness'  mind,  that  he  was  act- 
ing for  Mr.  Eckford. 

"  Being  asked  :  Did  Mr.  Davis  enjoin  upon 
you  not  to  let  Mr.  Barker  know  anything  about 
the  purchase  of  the  said  bank? 

"He  answers:  He  enjoined  him  not  to  let 
any  one  know  about  it,  but  did  not  mention  Mr. 
Barker  in  particular,  further  than  sajing  Mr. 
Barker  knew  nothing  about  it. 

"Being  asked  :  Did  you  ever  have  any  con- 
versation with  Mr.  Barker  relative  to  the  pur- 
chase or  sale  of  said  bank  stock? 

"  He  answers  :  Never. 

"  Being  asked  :  Did  Josiah  Hedden  call  upon 
you  to  obtain  a  contract  for  the  purchase  of  the 
Tradesmen's  Bank,  after  the  recent  indictments 
for  alleged  conspiracy? 

"He  answers  :  He  did. 

"  Being  asked  :  Did  not  Mr.  Hedden  tell  you, 
that  if  Mr.  Barker  could  be  convicted,  Mr. 
M-ixwell  would  be  satisfied,  and  all  the  rest 
would  be  let  off? 

"  Witness  answers:  He  did  tell  him  so,  but 
it  was  at  a  previous  conversation  to  the  one  in 
which  he  applied  for  a  contract. 

"Being  asked:  Did  you  not  reply  to  Mr. 
Hedden,  that  you  would  not  give  up  the  con- 
tract to  be  used  against  Mr.  Barker,  without 
being  called  on  the  stand  as  a  witness,  where 
you  could  explain  it,  and  how  it  came  to  your 
hands,  and,  by  the  God  that  made  you,  Barker 
had  nothing  to  do  with  it? 

"  He  answers :  That  he  held  such  conversa- 
tion applicable  to  a  paper  in  witness'  posses- 
sion, which  Hedden  alleged  that  he  knew  wit- 
ness was  in  possession  of,  which  paper  pur- 
ported to  be  a  contract  for  the  purchase  and 
sale  of  the  aforesaid  stock  of  the  Tradesmen's 
Bank,  but  which  had  not  been  executed  by 
witness  ;  and  told  Mr.  Hedden,  that  I  would  not 
part  with  it  to  be  used  to  the  prejudice  of  Mr. 
Barker,  excepting  I  was  called  as  a  witness  to 
explain  how  it  came  into  my  hands.  Mr.  Da- 
vis told  me  that  Mr.  Barker  knew  nothing 
about  the  purchase  of  the  bank,  and,  by  the 
God  that  made  me,  it  shall  never  be  used,  with- 
out an  explanation,  to  the  injury  of  Mr.  Barker. 

"Being  asked  :  Did  you  not  afterwards  meet 
Mr.  Maxwell  at  Hedden's  house  ? 

"  Witness  answers :  He  did  meet  him  there, 
but  he  does  not  know  whether  it  was  before  or 
after  the  aforesaid  application  by  Mr.  Hedden. 

"  Being  asked  :  Did  Mr.  Maxwell  say  to  you 
at  that  time,  that  he  considered  you  innocent  of 
the  charges  made  against  you  in  relation  to  the 
Tradesmen's  Bank  ? 


208 


LIFE   OF   JACOB   BARKER. 


"  He  answers  :  Mr.  Maxwell  said  be  was  per- 
fectly satisfied  with  witness' conduct  in  relation 
to  the  Tradesmen's  Bank,  and  that  he  should 
discharge  the  indictment:  witness  says  it  was 
in  the  presence  of  Mrs.  Hedden. 

"  Being  asked  :  Did  the  said  paper,  for  which 
Hedden  applied,  mention  Mr.  Barker's  name, 
or  anything  to  lead  you  to  suppose  that  he, 
Barker,  had  anything  to  do  with  the  purchase 
of  the  said  stock  in  the  Tradesmen's  Bank? 

"  He  answers  :  It  did  not. 

"Being  further  asked  by  Mr.  Barker:  Did 
some  of  the  stockholders  of  the  Tradesmen's 
Bank  meet  at  your  house  on  the  subject  of  dis- 
posing of  their  stock  as  aforesaid  ;  if  yea,  when, 
and  who  were  they,  and  what  was  done  ? 

"He  answers:    That   about   the   middle   of 
June,  182(3,  he  thinks  it  was  on  the  evening  of 
the  14th,  a  number  of  stockholders  met  at  his 
house,  when  he  stated  to  them  that  he  had  been 
offered  24  per  cent.,  and  to  retain  the  dividend 
of  4  per  cent,  then  about  to  be  declared.     The 
payment  as  before  stated,  or,  if  we  preferred  it, 
(in  lieu  of  the  Life  and  Fire  bonds;)  could  have 
the  post  notes  of  the  Morris  Canal  and  Bank- 
ing Company,  payable  on  the   loth  July  then 
ensuing;  and  that  he  felt  it  his  duty  to  submit 
said  proposition  to  them   for  their  considera- 
tion.    That  he  then  left  the  room  for  a  few  ' 
miuutes,  and  on    his  return  was  informed  that  ' 
they  had  concluded   to  dispose   of  their  stock,  • 
in  amount   $300,000,  including  the  stock  of 
one  other  person  not  then  present,  each  retain-  \ 
ing  twenty-eight  shares,  excepting  the  honor- 
able Richard  Riker,  who  retained  thirty  shares.  I 
They  then  authorized  the  honorable  R.  Riker, 
Judah  Hammond,  esq.,  and  witness  to  dispose 
of  our  stock  in  the  way  and  manner  before 
mentioned. 

"Being  asked  by  Mr.  Barker  :  Are  the  min- 
utes of  the  meeting  referred  to  in  writing:  and, 
if  so,  are  they  in  your  possession,  and  will  you  ; 
produce  them? 

"  He  answers  :  I  shall  decline  answering  the 
question,  on  the  ground  that  I  have  interest 
depending  which  miy  be  materially  affected. 

"  November  6. — The  master  ruled  that  Mr. 
Reed  is  bound  to  answer  the  question  asked 
by  Mr.  Barker  on  the  5th  instant,  if  the  same  ; 
has  a  material  bearing  on  the  subject  under 
consideration.  Mr.  Barker  states  that  it  has  a 
material  bearing  on  the  paper  marked  N,  filed 
on  the  3d  instant. 

"  Mr.  Reed  then   answers,  and  says  :   That 
the  minutes  inquired  about  are  in  writing,  and 
produces  a  paper,  which  he  requires  to  be  re-  j 
delivered  to  him,  and  which  is  as  follows: 

"  ''Resolved,  That  the  directors  here  present 
will  agree  to  sell  their  stock  in  the  Trades-  , 
men's  Bank  at  28  per  cent,  advance,  provided 
a  majority  assent  thereto. 

"  'Resolved,  That  G,394  shares  be  sold: 

M.Reed 1,522 

A.  Mann 325 


Mr.  Mount 300 

Mr.  Schureman 225 

R.Munson 220 

R.  Riker 480 

J.  Hammond 425 

Mr.  Purdy 295 

R.  Tillotson 439 

Mr.  Baker 310 

Mr.  Bovd 603 

Mr.  Field 600 

Mr.  Gouverueur 550 

Mr.  Bowue 100 

6,394 

" '  Resolved,  That  the  above  be  secured  to 
the  respective  persons  above  named,  and  at 
the  discretion  of  the  following  committee. 

"' Resolved,  That  the  surplus  of  394  shares 
be  retained  by  the  said  directors  in  equal  pro- 
portions. 

"'ALDERMAN  REED, 
"'J.  HAMMOND, 
" '  R.  RIKER, 

" '  Coirmittee.'' 

"Being  asked  :  In  whose  handwriting  is  the 
said  paper  or  minute? 

"  He  answers  :  In  the  handwriting  of  Rich- 
ard Riker,  esq.  The  persons  therein  named 
were  all  present  except  Rodman  Bowne,  and 
as  to  him  he  cannot  speak  with  certainty. 
They  a  1  agreed  to  the  sale  of  said  stock,  he 
believes,  and  witness  paid  over  to  each  of 
them,  individually,  the  premium  received  as 
before  stated.  Says  Matthew  L.  Davis  called 
at  witness'  house  and  paid  the  premium,  with 
the  interest  thereon. 

"  Richard  Riker,  being  called  by  Mr.  Barker, 
and  asked :  Was  Mathew  Reed  authorized  by 
yourself  and  others  to  sell  a  certain  number  of 
shares  in  the  Tradesmen's  Bank,  in  1826? 

"  He  answers  :  I  authorized  Mr.  Reed  to  bind 
myself;  I  do  not  know  what  others  did. 

"  Being  asked :  Was  such  authority  in  writ- 
ing? 

"He  answers:  I  do  not  recollect;  I  am 
under  an  impression  it  was  in  writing;  at  all 
events  I  was  bound  by  my  promise. 

"Being  asked:  Was  a  contract  for  the  sale 
of  that  stock  reduced  to  writing,  between  Ma- 
thew Reed,  purporting  to  be  ot  one  part,  and 
certain  other  persons  of  the  other  part? 

"  He  answers  :  I  never  knew  of  such  a  thing, 
until  after  the  difficulties  in  the  bank  arose ; 
then  Mr.  Reed  showed  me  such  a  paper. 

"Being  asked:  Did  Mr.  Reed  deliver  said 
paper  to  you  ? 

'•  He  answers :  Mr.  Reed  has  assured  me  he 
did.  I  may  be  mistaken  as  to  its  being  a  con- 
tract for  the  sale  of  the  stock. 

"Being  asked:  Will  you  search  for  said 
paper,  and  if  you  find  it,  will  you  leave  it  with 
the  master? 

"  He  answers  :  I  will  search  for  it,  and  will 
inform  the  master. 


TESTIMONY   BEFORE    THE   MASTER   IN   CHANCERY. 


209 


"  Being  shown  the  copy  of  certain  resolu- 
tions, produced  by  Mr.  Reed,  purporting  to  be 
the  record  of  certain  proceedings  at  Mr.  Reed's 
house,  and  entered  on  the  master's  minutes  of 
the  6th  inst.,  and  asked:  Lid  you  attend  said 
meeting,  and  did  the  persons  therein  named 
also  attend  that  meeting,  and  was  the  object  of 
the  meeting  as  specified  in  said  paper? 

"He  answers:  I  did  attend  at  Mr.  Reed's: 
it  was  probably  the  meeting  referred  to,  and 
most,  if  not  all  the  gentlemen  named  were 
present,  and  it  related  to  the  sale  of  the  Trades- 
men's Bank  stock. 

u  Richard  Biker,  being  again  called,  and 
asked :  Have  you  searched  for  the  paper,  re- 
ferred to  by  you  in  your  former  examination, 
as  a  contract  for  the  sale  of  certain  stock  of 
the  Tradesmen's  Bank,  and  have  you  found  it? 

"  He  answers :  He  has  searched  for  it,  and 
he  has  found  it ;  that  he  believes  it  to  be  the 
paper  referred  to,  and  has  it  now  with  him ; 
he  received  the  paper,  as  he  verily  believes, 
from  Matthew  Reed,  late  president  of  the 
Tradesmen's  Bank. 

"  Mr.  Barker  then  asked  if  he  would  produce 
it,  to  which  the  said  witness  answered  :  That 
he  received  it  from  Mr.  Reed  in  confidence, 
and,  as  witness  understood,  for  the  purpose  of 
advisement,  and  as  his  counsel;  and  he,  wit- 
ness, therefore  respectfully  submits  to  the  mas- 
ter, whether  he  shall  return  said  paper  to  Mr. 
Reed,  now  here  present,  to  whose  inspection 
the  witness  has  submitted  the  paper,  or  whether 
he  shall  lay  it  immediately  before  the  master. 

"Being  asked  by  Mr.  Barker:  Did  not  Mr. 
Reed  inform  you  that  he  had  no  objection  to 
your  producing  said  paper  before  the  master, 
as  an  exhibt  in  this  cause? 

"  The  witness  answers  :  That  Mr.  Barker,  in 
the  presence  of  the  witness,  and  of  Mr.  Murray 
Hoffman,  and  of  Mr.  Selden,  did  ask,  in  sub- 
stance, of  Mr.  Reed,  whether  he  had  any  ob- 
jections that  said  paper  should  be  produced  by 
witness,  to  which  Mr.  Reed  replied,  in  the  pre- 
sence of  said  persons,  that  he  had  looked  at 
the  papers  and  had  none. 

"The  master  ruled  that  the  witness  must 
either  produce  such  paper,  or  deliver  it  to  Mr. 
Reed  ;  whereupon  witness  delivered  forthwith 
said  paper  to  Mr.  Reed. 

"  Mr.  Reed  being  called,  then  produced  said 
paper,  marked  R.  R.  by  said  Richard  Riker,  in 
words  following : 

"Paper  R.  R, 

"This  is  to  certify,  that  I,  Matthew  Reed,  this 
day  sell  to  Samuel  L.  Gouverneur  and  Samuel 
Cox,  six  thousand  shares  of  the  capital  stock 
of  the  Tradesmen's  Bank,  at  one  huudred  and 
twenty-eight  per  cent,  for  the  following  pay- 
ments, viz. :  ten  per  cent,  cash,  on  or  before 
the  26th  instant;  also  fourteen  per  cent,  at  the 
same  time,  in  Liiie  and  Fire  bonds,  or  post  notes 
of  the  Morris  Canal  and  Banking  Company, 

14 


payable  on  or  before  the  loth  day  of  July  next 
ensuing,  and  four  per  cent.,  being  the  dividend 
on  the  1st  day  of  July  next,  and  the  balance, 
say  one  hundred  per  cent.,  on  or  before  the 
fifth  day  of  July  next,  or  that  notes  be  substi- 
tuted to  relieve  notes  given  for  loans  on  said 
stock,  by  myself  and  others,  whom  I  may  here- 
after designate  ;  and  it  is  further  agreed,  that 
when  the  two  first  above-mentioned  payments 
of  twenty-four  per  cent,  is  made,  that  I  furnish 
irrevocable  proxies  for  the  said  purchaser, 
Samuel  Cox,  to  vote  on  the  said  six  thousand 
shares,  at  the  next  election  for  directors  of  the 
said  bank,  say  on  the  3d  of  July  next,  and 
also  a  power  to  transfer  said  stock,  on  the  fifth 
day  of  July,  provided  the  whole  of  the  fore- 
going payments,  in  all,  one  hundred  and 
twenty-eight  per  cent,  has  been  complied  with. 

"  Now  we,  Samuel  L.  Gouverneur  and  Sam- 
uel Cox,  do  agree  to  the  above,  in  each  of  its 
details,  and  by  these  presents  do  firmly  agree 
with  Matthew  Reed  faithfully  to  perform  the 
payments  as  before  mentioned,  binding  our- 
selves, our  heirs,  executors,  administrators, 
and  assigns. 

"  In  testimony  whereof,  we,  jointly  with  him, 

set  our  hands  and  seals,  this  21st  June,  1826. 

"MW.  REED,  [l.  s." 

"  SAML.  L.  GOUVERNEUR,  [u  s." 

"  SAMUEL  COX,  [l.  s/ 

"Mem. — Agreement  made  before  signing. 
Interest,  at  seven  per  cent.,  to  be  allowed  on 
the  whole  of  the  payments  from  the  fifteenth 
day  of  June  instant. 

"  MW.  REED,  [l.  s." 

"  SAML.  L.  GOUVERNEUR,  'l.  s." 
"  SAMUEL  COX,         [l.  s/ 

"Received,  New  York,  26th  June,  1826,  on 
the  above  contract,  thirty  thousand  dollars,  it 
being  ten  per  cent.,  aud  bonds  and  cash,  forty- 
two  thousand  dollars,  it  being  fourteen  per 
cent.,  one  hundred  and  one  dollars  and  fifty 
cents  interest  on  the  first  ten  per  cent.,  and 
also  on  the  four  per  cent,  dividend. 

"MW.  REED. 

"Andrew  8.  Barker,  being  duly  affirmed  on 
the  part  of  the  defendant,  Jacob  Barker,  and 
examined  by  him,  says :  That  he  is  the  son  of 
the  said  Jacob  Barker.  Says  he  left  New  York 
on  Saturday,  the  10th  June,  1826,  with  his 
father,  mother,  and  some  other  of  their  chil- 
dren, for  Newport,  in  the  State  of  Rhode  Island; 
they  went  in  a  steamboat,  and  he  thinks  it  was 
the  Connecticut,  Captain  Comstook.  From 
Newport  they  all  went  to  New  Bedford  by  stage, 
and  from  thence  by  water  to  Nantucket.  His 
father  and  mother  remained  at  Nantucket  until 
about  June  20,  1826,  when  they  departed  from 
Nantucket  for  New  Bedford,  he  thinks,  leaving 
witness  at  Nantucket.  Witness  is  confident  as 
to  the  periods  above  mentioned,  because  he, 
the  witness,  remained  at  Nantucket,  to  attend 
a  great  sheep-shearing  at  the  island,  which  took 


210 


LIFE    OF   JACOB    BARKER. 


place  the  latter  part  of  said  month  of  June,  and 
after  his  father  left  them,  as  above  stated. 

"  Strong  S/urges,  beingr  called  by  Mr.  Bar- 
ker, and  sworn,  says :  That  Mr.  Barker  left 
New  York  in  June,  1826,  on  or  about  the  10th 
of  that  month — it  was  not  after  the  10th — for 
Nantucket,  via  Newport,  in  the  steamboat  Con- 
necticut, and  returned  on  or  about  the  22d  of 
the  same  month. 

"  F.  G.  ItallecJc,  being  called  by  Mr.  Barker, 
and  sworn,  says:  Mr.  Barker  left  New  York  for 
Nantucket  on  the  10th  June,  1826,  and  was 
gone  about  a  fortnight. 

"November  20. — Matthew  Reed  again  called 
by  Mr.  Barker,  and  asked  :  Do  you  hold  the 
written  authority  of  the  parties  to  the  sale  of 
the  Tradesmen's  Bank,  heretofore  testified  to? 
If  yea,  will  you  produce  it? 

"He  answers  :  I  was  authorized,  in  writing, 
to  sell  the  said  stock  in  the  Tradesmen's  Bank 
by  certain  individuals.  I  consider  it  a  private 
paper.  I  cannot  produce  it  unless  ordered  by 
the  master  so  to  do.  Master  calls  upon  Mr.  Bar- 
ker to  make  affidavit  of  the  materiality  of  said 
paper,  which  was  done  and  filed,  in  words  fol- 
lowing : 

"  IN    CHANCERY. 

"  Henry  Barclay  and  others, 

vs. 
u  Jacob  Barker  and  others. 

"State  of  Neio  York,  ss. — Jacob  Barker,  the 
above  named  defendant,  being  duly  affirmed, 
saith :  That  a  certain  paper,  referred  to  by 
Matthew  Reed,  as  being  a  written  authority 
from  certain  persons  to  sell  stock  of  the 
Tradesmen's  Bank,  is,  in  informant's  opinion 
and  belief,  material  in  matters  now  in  question 
before  the  master. 

"JACOB  BARKER. 

"Affirmed,  this  20th  November,  1828,  be- 
fore me, 

"THOS.  BOLTON, 

"Master  in  Chancer y. 

"  The  master  rules  it  must  be  produced. 

"  The  paper  is  produced  and  filed,  marked 
M.  R. 

"  Being  asked :  Are  the  signatures  in  the  hand- 
writing of  the  persons  whose  names  appear  to 
said  paper? 

"He  answers:  They  are. 

"Being  asked:  Are  the  word  and  signatures 
'New  York,  19th  June,  1826,'  in  the  hand- 
writing of  Richard  Riker? 

"He  answers:  I  think  it  is,  and  was  written 
at  the  time  it  bears  date.  I  believe  I  saw  him 
write  it. 

"  Paper  M.  R. 

"  We,  the  subscribers,  do  hereby  authorize 
Matthew  Reed  to  sell  and  dispose  of  our  stock 
in  the  Tradesmen's  Bank,  the  number  of  shares 
set  opposite  our  respective  names,  at  twenty- 
eight  per  cent,  above  par  value,  with  interest, 
from  and  after  the  15th  day  of  June,  (instant.) 


And  we  do  agree  to  furnish  proxies  for  the 
purchaser  to  vote  on  the  same  at  the  next  elec- 
tion for  directors  of  said  bank,  which  election 
is  fixed  for  the  od  day  of  July  next.  Pay- 
ments we  agree  to  accept  as  follows,  viz:  Ten 
per  cent,  on  the  26th  day  of  June  (instant) 
cash;  fourteen  per  cent,  same  day  in  Life  and 
Fire  bonds  or  post-notes  of  the  Morris  Canal 
and  Banking  Company,  payable  on  or  before 
the  fifteenth  day  of  July  next  ensuing,  and 
four  per  cent.,  the  dividend  on  the  stock,  pay- 
able on  the  1st  day  of  July  next,  and  the  bal- 
ance one  hundred  per  cent.,  on  or  before  the 
fifth  day  of  July  next,  or  that  notes  be  substi- 
tuted in  every  and  all  cases  to  relieve  our  notes 
when  given  for  loans  on  said  stocks;  and  that 
on  the  payment  of  the  two  first  mentioned 
above  sums,  say  making  twenty-four  per  cent., 
that  we  do  agree  to  furnish  for  the  purchaser 
irrevocable  proxies  to  vote  on  the  stock,  and  a 
power  to  transfer  the  same  on  the  5th  day  of 
July  next,  when  the  last  instalment  of  one 
hundred  per  cent.,  as  above  mentioned,  shall 
have  been  complied  with. 
"New  York,  June  19,  1826. 


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Original  No. 
of  shares. 


Shares 
retained. 


Amount  at 
par. 


10  per  cent. 


14  per  cent. 


4  per  cent. 


28  per  cent. 


12S  per  cent. 


"Matheio  Reed,  being  called  agaiu  and  asked  bj 


TESTIMONY   BEFORE    THE   MASTER   IN    CHANCERY. 


211 


Mr.  Barker  to  state,  more  precisely,  the  amount 
received  for  premium  on  the  stock  of  the 
Tradesmen's  Bank,  sold  in  182G,  than  when 
formerly  examined  on  the  subject. 

He  answers  :  "  The  agreement  was  for  6,000 
shares  of  stock,  which,  at  par,  amount  to 
$300,000,  on  which  we  were  to  receive  28  per 
cent,  premium." 

It  appears  by  the  proceedings  of  the  mid- 
night meeting,  in  the  handwriting  of  the  re- 
corder, that  there  were  fourteen  persons  pre- 
sent, who  clubbed  6,394  shares  of  stock ;  the 
unknown  purchaser  would  only  take  a  suffi- 
ciency to  control  the  bank,  say  6,000  shares ; 
the  remaining  394  the  sellers  agreed  to  divide 
equally,  when  the  recorder  makes  the  follow- 
ing calculation: 

14)394(28 
28 

114 

112 

2 
By  reference  to  the  power  it  will  be  seen 
that  these  fourteen  directors  agree  each  to  re- 
tain 28  shares,  and  the  recorder  also  agrees  to 
take  those  two  remaining  shares,  in  addition 
to  the  2S— in  all  30. 

"  Samuel  Cox  again  called  by  Mr.  Barker 
and  desired  to  look  at  the  paper  marked  R.  It., 
filed  on  the  19th  instant,  and  asked :  Did  you 
sign  said  paper  ? 

"He  answers  :  I  did. 

"Being  asked:  Was  the  stock  therein  men- 
tioned purchased  in  part  or  in  whole  on  your 
account? 

"He  answers:  It  was  not. 
"Being  asked:  At  whose  instance  did  you 
sign  that  contract  ? 

"He  answers:  I  am  not  very  positive,  but  I 
think  I  am  not  mistaken  when  I  say  it  was  at 
the  instance  of  Mr.  Reed,  the  president  of  the 
bank,  though  I  have  a  faint  recollection  about 
it.  It  might  have  been  at  the  instance  of  Mr. 
Governeur,  or  Mr.  Davis,  though  I  think  it  was 
Mr.  Reed. 

"Being  asked  :  Was  any  portion  of  this  stock 
transferred  by  the  sellers,  and  to  whom  ? 

"He  answers:  About  4,800  shares  were 
transferred  to  W.  P.  Rathboue ;  but  whether 
directly  or  not  he  cannot  say. 

"Being  asked:  Did  you  mention  to  Jacob 
Barker  that  you  had  signed,  or  was  a  party  to, 
a  contract  for  the  purchase  of  the  Tradesmen's 
Bank,  or  the  stock  thereof,  before  mentioned? 
"He  answers:  Never,  to  my  recollection  or 
belief. 

"Being  asked:  Did  you  ever  vote  on  the 
proxy  of  the  sellers,  at  the  election  for  direc- 
tors of  said  bank,  on  or  about  July  3,  1826 ; 


and  if  so,  from  whom  did  you  receive  the  list 
of  directors  for  whom  you  voted  ? 

"He  answers:  I  did  so  vote.  The  proxies 
were  brought  to  me  by  a  boy  from  the  office  of 
the  Life  and  Fire  Insurance  Company,  enclosed 
in  an  envelope,  directed  to  me  as  cashier  of 
the  bank,  in  the  handwriting  of  Matthew  L. 
Davis.  Matthew  Reed,  I  believe,  furnished 
me  with  a  list  of  the  names  to  be  voted  for, 
which,  I  think,  I  had  printed.  I  wished  to 
have  Henry  Remsen's  name  on  said  list;  it 
was  objected  to,  and,  I  think,  by  Matthew  L. 
Davis.  It  was  not  done.  Mr.  Davis  told  me 
some  persons  interested  in  said  stock  objected 
to  Mr.  Remsen. 

William  P.  Rathbone  being  sworn,  and 
asked  :  Had  Mr.  Barker  any  interest  in,  know- 
ledge of,  or  agency  about,  the  purchase  of  four 
or  five  thousand  shares  of  Tradesmen's  Bank 
stock,  in  the  summer  of  one  thousand  eight 
hundred  and  twenty-six,  which  was  transferred 
to  your  name? 

He  answers  :  None  that  I  know  of. 

Being  asked :  Was  Mr.  Barker  ever  con- 
sulted as  to  the  selection  or  appointment  of 
new  directors  of  said  bank,  which  took  place 
about  that  time? 

He  answers  :  I  never  heard  that  he  was,  nor 
do  I  believe  that  he  was. 

Did  you  transfer  eight  hundred  shares  of 
Tradesmen's  Bank  stock  to  Seth  Sturtevant, 
on  or  about  the  twelfth  day  of  July,  one  thou- 
sand eight  hundred  and  twenty-six? 

He  answers  :  I  did. 

Being  asked  :  Was  it  done  at  the  request  of 
Mr.  Eckford? 

He  answers  :  It  was. 

Being  asked  :  Did  you  deliver  to  Mr.  Barker 
certificates,  in  the  name  of  Seth  Sturtevant, 
for  the  said  eight  hundred  shares  of  stock? 

He  answers  :  I  did,  by  the  request  of  Henry 
Eckford. 

Being  asked  :  Did  you  ever  have  any  con- 
versation with  Mr.  Barker,  in  relation  to  said 
stock,  prior  to  the  delivery  of  said  certificates? 

He  answers  :  not  one  word. 

Being  asked  :  Had  Mr.  Barker  any  interest 
in  the  exchange  of  the  two  thousand  shares  of 
Morris  Canal  stock,  for  the  twenty-five  hundred 
shares  of  Fulton  Bauk  stock,  which  took  place 
in  May,  one  thousand  eight  hundred  and 
twenty-six? 

He  answers  :  None  that  I  know  of,  except 
his  commissions  which  might  grow  out  of 
selling,  buying,  and  hypothecating,  the  Fulton 
Bank  stock. 

Being  asked :  Was  not  the  exchange  above 
spoken  of  made  expressly  for  the  accommoda- 
tion of  the  Life  and  Fire  Insurance  Company? 

He  answers  :  I  so  understood  it. 

Being  asked :  Did  you  apply  to  Mr.  Barker 
for  advice  and  assistance  in  the  business,  by 
the  direction  of  Mr.  Eckford? 

He  answers :  Mr.  Eckford  directed,  when  he 
left  town,  about  the  seventh  of  May,  one  thou- 


212 


LIFE    OF    JACOB   BARKER. 


sand  eight  hundred  and  twenty-six,  that  the 
Fulton  Bank  stock,  which  he  had  previously 
agreed  for,  should  be  placed  in  the  hands  of 
Mr.  Barker  when  received;  and  I  therefore 
applied  to  him,  as  aforesaid,  and  delivered  into 
his  hands  the  aforesaid  two  thousand  shares  of 
Fulton  Bank  stock,  transferred  to  Mr.  Thurs- 
ton, by  the  order  of  Mr.  Barker. 

Being  asked:  Had  Mr.  Barker,  to  your 
knowledge,  anything  to  do  with  the  issuing  of 
the  2,500  shares  of  Morris  Canal  stock,  as 
principal  or  agent? 

He  answers:   Not  to  my  knowledge. 

"Being  asked:  Did  Mr.  Barker,  to  your 
knowledge,  know  that  the  Life  and  Fire  bonds 
had  been  given  for  the  Morris  Canal  stock 
until  after  the  same  had  taken  place? 

"  He  answers  :  Not  to  my  knowledge. 

"  Being  asked :  Did  you  or  not,  as  a  director  of 
the  Life  and  Fire  Insurance  Company,  in  com- 
mon with  the  officers  and  directors  of  that 
company,  or  such  of  them  as  were  then  acting, 
authorize  the  issuing  of  bonds  of  that  company 
to  the  amount  of  $250,000,  in  exchange  for  an 
equal  amount  of  Morris  Canal  stock,  as  a  tem- 
porary loan  for  the  accommodation  of  the  Life 
and  Fire? 

"He  answers:  I  was  not  present  when  it  was 
done,  but  knew  it  was  to  be  done,  and  approved 
of  it,  and  after  it  was  done  sanctioned  it. 

"Being  asked:  Did  you  not,  as  a  director  of 
the  Morris  Canal  and  Banking  Company,  sign 
a  resolution,  in  common  with  other  directors, 
authorizing  the  issuing  of  stock  of  that  com- 
pany in  exchange  for  Life  and  Fire  bonds, 
with  express  reference  to  the  said  $250,000  of 
stock  ;  and  if  any,  what  other  security  was  un- 
derstood to  be  given  for  its  return? 

"He  answers:  I  did,  except  it  was  uncertain 
whether  the  stock  would  be  wanted  to  the 
amount  of  one  hundred  and  fifty  or  two  hun- 
dred and  fifty  thousand  dollars  at  the  time  I 
signed  that  resolution;  and  it  was  my  under- 
standing that  Henry  Eckford,  esq.,  was  to 
guarantee  the  return  of  the  Morris  Canal  stock, 
by  which  return  the  said  bonds  would  be  can- 
celled and  returned  to  the  Life  and  Fire  Insur- 
ance Company. 

"Being  asked:  Did  you  apply  to  Mr.  Barker, 
in  the  absence  of  Mr.  Eckford,  for  advice  in 
relation  to  the  phraseology  of  a  contract  or 
guaranty  touching  the  exchange  or  return  of 
said  stock,  and  when? 

"He  answers:  According  to  my  recollection, 
I  called  on  Mr.  Barker  on  the  morning  of  the 
tenth  of  May,  one  thousand  eight  hundred  and 
twenty-six,  and  asked  him  to  look  at  a  paper 
which  1  had  previously  drawn  at  the  office  of 
the  Life  and  Fire  Insurance  Company,  and  to 
see  if  it  sufficiently  explained  the  object  it  pro- 
fessed. Mr.  Barker  looked  over  it,  and  re- 
marked it  was  a  large  amount,  was  the  guar- 
anty of  Mr.  Eckford,  who  was  absent,  and  that 
a  single  word  might  make  a  variation  in  its 
import,  and  suggested  that  a  clause  be  added 


allowing  Mr.  Eckford  to  return  the  stock  in 
parcels,  as  might  suit  the  convenience  of  Mr. 
Eckford.  As  it  was  then  drawn,  Mr.  Barker 
stated,  Mr.  Eckford  would  be  obliged  to  return 
the  whole  stock  together.  Mr.  Barker  wrote 
such  clause  at  the  bottom  or  on  the  back  of 
said  paper,  and  I  took  said  paper  away.  Wit- 
ness says  he  heard  said  paper  read  by  Mr. 
Maxwell,  the  district  attorney,  on  the  late  con- 
spiracy trials." 

When  the  testimony  was  about  closing,  Mr. 
Biker  appeared  before  the  master  and  made  the 
following  explanations,  which,  in  my  opinion, 
afford  no  justification  for  the  sale  of  the  bank 
to  a  concealed  purchaser,  much  less  for  with- 
drawing good  notes  to  the  amount  of  two  or 
three  hundred  thousand  dollars,  and  leaving  in 
lieu  thereof  the  checks  of  an  irresponsible 
person  who  had  no  money  in  the  bank. 

"  Richard  Riker  again  appears  and  states 
that,  from  conversations  with  Mr.  Reed  about 
the  time  of  the  agreement  to  sell  the  stock  of 
the  Tradesmen's  Bank,  and  frequently  since, 
and  even  to  this  time,  deponent  is  firmly  con- 
vinced that  Mr.  Reed  fully  believed  that  Mr. 
Henry  Eckford  was  the  purchaser  or  principal 
purchaser  of  the  stock  of  said  bank,  agreed  to 
be  sold  through  Mr.  Reed,  as  hereinbefore  tes- 
tified by  deponent.  He  is  so  convinced  because 
Mr.  Reed  assigned  to  deponent  several  reasons 
why  he  thought  Mr.  Eckford  to  be  such  pur- 
chaser, among  which  were  that  Mr.  Eckford 
no  doubt  wished  to  increase  his  influence  in 
the  upper  part  of  the  city,  and  that  the  control 
of  the  bank  would  greatly  enable  him  to  do  so; 
and  he,  deponent,  thinks  Mr.  Reed  said  it  would 
be  beneficial  in  his  business.  The  deponent 
believes  that  Mr.  Reed  also  referred  to  Mr.  Eck- 
ford's  business  as  connected  with  his  ship  yards. 

"  Deponent  recollects  very  well  that  Mr. 
Reed  mentioned  that  Mr.  Eckford  was  ambi- 
tious. Mr.  Reed  has  frequently  agreed  with 
deponent  that  the  stock  of  said  bank,  if  well 
managed  by  Mr.  Eckford,  under  the  advantages 
he  possessed,  might  be  made  a  nine  per  cent. 
stock ;  and  witness  believes  Mr.  Reed  had  no 
doubt  Mr.  Eckford  was  a  very  wealthy  man. 
Deponent  further  says  that  Mr.  Reed  has  not 
only,  as  far  as  this  deponent  knows,  spoken  of 
Mr.  Eckford  as  being  the  purchaser,  as  he 
believed — though  he  never  has  said  that  Mr. 
Eckford  was  the  purchaser  of  his  own  know- 
ledge— yet  has  at  no  time  intimated,  to  depo- 
nent's knowledge,  that  any  other  person  was 
said  purchaser.  And  deponent  is  fully  satis- 
fied that  Mr.  Reed,  as  well  as  this  deponent, 
has  frequently  declared  that  Mr.  Barker  had 
nothing  to  do  with  said  purchase,  as  he  or  this 
deponent  knew  or  believed  ;  and,  as  an  addi- 
tional reason,  Mr.  Gouverneur,  according  to 
the  best  of  this  deponent's  recollection  and 
belief,  in  open  court,  on  the  first  trial,  or  sub- 


VINDICATION    BY   THE    NEW   YORK   AMERICAN. 


213 


sequent  to  the  conspiracy  case,  testified  that 
Mr.  Barker  had  nothing  to  do  with  the  purchase 
of  the  stock  of  the  Tradesmen's  Bank.  And 
this  deponent  further  says  that  it  is  his  present 
belief,  and  that  deponent  has  never  concealed 
from  any  one  the  fact,  that  the  deponent  be- 
lieved Mr.  Eckford  to  be  the  purchaser,  and 
that  Mr.  Barker  had  nothing  to  do  with  said 
purchase,  though  deponent  must  add  that  he 
lias  never  been  distinctly  informed  by  Mr. 
Reed  who  was  the  purchaser.  Mr.  Rathbone 
attended  at  the  bank  and  received  the  transfer 
of  deponent's  stock.  The  witness  conceived 
Mr.  Rathbone  to  be  the  agent  of  Mr.  Eckford, 
and  that,  among  other  things,  greatly  con- 
firmed deponent  in  the  belief  that  Mr.  Eckford 
was  the  purchaser." 

The  following  persons,  who  were  concerned 
in  managing  the  business  of  the  companies 
said  to  have  been  defrauded,  were  also  exam- 
ined in  the  said  chancery  suit,  they,  one  and 
all,  testified  that  Mr.  Barker  had  not  had  any 
agency  or  concern  therein:  William  Bayard, 
David  B.  Ogden,  Abraham  Ogden,  S.  L.  Gov- 
erneur,  J.  J.  Boyd,  Matthew  L.  Davis,  Thomas 
Yermilyea,  Wm.  P.  Rathbone,  James  T.  Tall- 
man,  Jacob  Clinch,  George  W.  Browne,  Mark 
Spencer,  Horatio  Kingsland,  Geo.  W.  Gants, 
and  Richard  Gilchrist. 

On  the  discovery  of  the  records  in  the  hand- 
writing of  Richard  Riker,  the  recorder,  of  the 
proceedings  of  those  who  divided  the  $84,000, 
the  editor  of  the  New  York  American  re- 
marked thus  : 

"disclosure  of  the  real  parties  to   the 
purchase   and  sale  of   tue  tradesmen's 

BANK,  IN  1820. 

"  Under  this  title  Mr.  Jacob  Barker  has 
printed  a  pamphlet  of  thirty-six  pages,  with  a 
view  to  exonerate  himself  from  the  imputation 
pressed  very  heavily  against  him  on  the  con 
spiracy  trials  of  having  been  concerned  in  this 
(we  must  call  it  nefarious)  transaction.  This 
pamphlet  we  have  read  with  attention ;  and, 
as  an  act  of  justice  to  one  whom  we  have  not, 
we  confess,  viewed  or  spoken  of  with  any  par- 
tiality, though  certainly  not  with  any  feelings 
of  personal  hostility,  we  are  bound  to  say  that 
Mr.  Barker  completely  and  entirely  exonerates 
himself  from  any  agency  in  or  knowledge  of 
what,  as  here  exposed,  appears  to  us  a  most 
gross  and  abominable  proceeding  on  all  hands. 

"  Mr.  Barker,  as  to  himself,  satisfactorily  es- 
tablishes an  alibi.  He  was  not  in  New  York, 
but  at  Nantucket,  for  many  days  before  and 
during  the  negotiation  that  led  to  this  sale. 
But  not  only  does  he  prove  his  own  entire  in- 
nocence and  ignorance  of  this  matter,  but  he 
has  been  the  instrument  of  bringing  to  light 
such  evidence  concerning  the  real  nature  of, 


and  actors  in,  this  whole  operation  as  must 
cover  the  latter  with  infamy ;  and  in  the  case 
of  Mr.  Recorder  Riker,  who  was  a  principal 
one,  must,  we  would  fain  hope,  drive  him  from 
the  station  which  he  dishonors.  In  regard  to 
this  functionary,  however,  and  his  agency  in 
this  affair,  we  shall  have  occasion  to  speak 
again.  At  present,  our  business  is  to  do  jus- 
tice in  the  transaction  in  question  to  Mr.  Bar- 
ker; and  we  accordingly  have  as  much  satis- 
faction in  expressing  our  conviction  that,  on 
this  head,  he  has  been  unjustly  accused  and 
censured,  as  we  always  feel  a  pain  when  a 
sense  of  duty  compels  us  at  any  time  to  deal 
in  auimadversion  and  reproach." 

A  perusal  of  the  testimony  elicited  in  the 
chancery  suit  after  the  termination  of  the  "con- 
spiracy trials"  will  satisfy  the  reader  as  to  their 
true  character.     It  establishes, 

1st.  That  Jacob  Barker  was  to  be  offered  up 
as  a  victim  for  the  supposed  errors  of  others. 

2d.  That  Hugh  Maxwell,  the  district  attor- 
ney, deprived  him,  in  the  most  illegal  and  arbi- 
trary manner,  of  papers  which  established  his 
freedom  from  offence. 

3d.  That  Hugh  Maxwell  had  those  papers 
in  court  during  the  trial,  denying  that  he  had 
them,  and  not  only  refused  Mr.  Barker  the  ben- 
efit of  their  use,  but  kept  them  long  after  the 
trials  were  all  over,  and  when  ordered  by  the 
court  of  chancery  to  produce  them  refused  to 
obey  the  mandate  of  the  court. 

4th.  That  the  grand  jury  were  induced  to 
deprive  Mr.  Barker  of  his  papers  by  the  posi- 
tive promise  of  Hugh  Maxwell  that  he  should 
have  the  benefit  of  their  use  on  the  approach- 
ing trial,  he  asserting  that  it  was  the  duty  of 
the  grand  jury,  whether  they  found  a  bill  or 
not,  on  the  complaint  of  Mr.  Barker,  to  retain 
the  papers  to  go  before  the  next  grand  jury — 
that  they  would  always  be  safe  on  the  files  of 
the  court,  where  either  party  could  have  access 
to  them. 

5th.  That  the  excuse  offered  by  the  district 
attorney  for  refusing  to  produce  them  on  the 
trial  of  Mr.  Barker,  namely,  that  he  forgot  the 
papers  were  in  his  possession,  was  of  the  most 
extraordinary  character.  Mr.  Hatfield  stated, 
on  his  oath,  that  during  the  trial,  being  called 
on  by  Mr.  Barker  for  his  papers,  he  applied  to 
Maxwell  for  the  letters  of  Mr.  Eckford,  which 
he  (Maxwell)  took  from  the  file  of  the  court,  of 
which  he  (Hatfield)  was  clerk.  That  Maxwell 
admitted  to  him  in  court,  at  the  very  time  they 
were  called  for,  that  he   had   them,  although 


214 


LIFE   OF   JACOB   BARKER. 


when  first  charged  by  Mr.  Hatfield  with  hav- 
ing them  he  denied  it. 

6th.  That  the  district  attorney  considered 
himself  so  far  above  the  law  that  he  dispos- 
sessed himself  of  those  documents,  after  he  was 
served  with  a  process  from  the  court  of  chancery 
to  produce  them,  and  otherwise  disobeyed  the 
mandate  of  the  court,  to  escape  from  which  he 
placed  them  in  the  office  of  the  clerk  of  the 
court  where  the  conspiracy  trials  took  place ; 
this  disposition  of  the  papers  was  after  his  dif- 
ficulties with  Mr.  Eckford  had  been  renewed, 
and  after  it  became  public  that  he  had  received 
$300  from  that  gentleman. 

These  papers  falsified  his  declaration  "  that 
Mr.  Eckford  had  been  the  victim  of  others." 

8th.  That  Hugh  Maxwell  accepted  of  money 
from  "  indicted  but  untried  and  unacquitted 
individuals."  The  professed  object  may  have 
been  to  conduct  civil  suits  for  these  "  indicted 
but  untried  and  unacquitted  individuals,"  yet 
these  "  indicted  but  untried  and  unacquitted 
individuals"  were  not  either  of  them  brought  to 
trial  after  the  receipt  of  their  money. 

The  district  attorney  promised  to  say  to  his 
acquaintances  "that  Mr.  Eckford  had  been  the 
victim  of  others,"  and  that  he  would,  on  all 
proper  occasions,  both  public  and  otherwise, 
state  it  as  his  opinion  that  he  considered  that 
Mr.  Eckford  was  justly  entitled  to  the  same 
degree  of  confidence  in  society  that  he  enjoyed 
at  any  former  period,  and  that  he  had  full  con- 
fidence in  his  integrity  and  honor. 

Mr.  Eckford  demanded  a  certificate  to  that 
effect,  which  Mr.  Maxwell  refused  to  sigu,  say- 
ing in  a  letter  addressed  to  him,  under  date  of 
27th  November,  1827:  "The  circumstances  to 
which  I  alluded,  as  inducing  the  belief  that  you 
had  been  the  victim  of  individuals  who  had 
abused  your  confidence,  may,  when  more 
severely  examined,  admit  of  a  less  charitable 
construction." 

Mr.  Eckford  failing  to  induce  Maxwell  to 
put  his  often  repeated  declaration  on  paper 
over  his  signature,  demanded  personal  satis- 
faction, which  being  refused,  published  him 
in  the  following  terms:. 

"  New  York,  Tuesday  Evening, 

"December  18,  1827. 
"Sin:  Your  real  character  is  at  length  un- 
masked.    You   have  exhibited   yourself  as  a 
man  wholly  destitute  of  truth  and  honor,  and 


have,  in  addition,  proved  yourself  a  contempti- 
ble poltroon. 

"You  can  only  be  noticed  in  future,  by  gen- 
tlemen, as  a  cowardly  retailer  of  falsehoods, 
and  as  the  pitiful  tool  of  other  artful  and  vin- 
dictive miscreants. 

"HENRY  ECKFORD. 

"Hugh  Maxwell,  New  York." 

The  New  York  American  of  the  21st  Decem- 
ber, 1827,  says  that  Hugh  Maxwell,,  the  district 
attorney,  had  Mr.  Eckford  taken  up  for  sending 
him  a  challenge,  and  William  T.  McCowen 
and  John  P.  Decatur,  his  accomplices,  bound" 
over  to  keep  the  peace,  on  which  subject  an 
article  appeared  in  the  Literary  Cadet  of  Provi- 
dence, of  the  2d  January,  1828,  as  follows: 
"  DUELLING. 

"  The  New  Yorkers  seem  much  agitated  on 
this  subject,  and,  because  a  reputed  challenge 
has  been  sent  to  a  public  officer,  their  moral 
sense  is  shocked,  to  the  very  centre.  Our  op- 
position to  duelling  is  not  based  on  so  slender 
a  foundation  as  for  it  to  make  any  difference- 
by  whom  a  challenge  is  given,  or  by  whom 
carried.  The  thing  is  wrong,  radically  wrong7 
and  all  those  who  attempt  to  lay  the  least  stress 
on  the  fact  of  Mr.  Maxwell's  being  a  district 
attorney,  become,  unconsciously,  the  apologists 
of  the  dreadful  practice.  If  there  is  any  sting 
in  being  branded  a  coward,  poltroon,  puppy, 
liar,  and  the  like,  the  wax  of  an  attorney's 
office  affords  a  miserable  salve,  and  he  who 
flies  to  it  for  protection,  pays  the  greatest  hom- 
age at  the  shrine  of  duelling. 

"  If  an  inquiry  is  to  be  tolerated  as  to  the 
cause,  motive,  provocation,  &c,  we  should  hold 
public  officers  to  more  rigid  rules  than  private 
citizens,  because  armed  with  authority,  they 
would  otherwise  have  the  power  to  oppress  the- 
private  citizen  with  impunity;  and  no  oppres- 
sion is  so  odious  as  that  practised  under  the- 
semblance  of  law  and  authority. 

"  If  the  district  attorney  of  New  York  did. 
convert  the  power  of  bis  office  into  an  engine 
of  oppression  and  persecution,  if  he  did  over- 
look those  whom  he  believed  had  been  faulty, 
and  pursued,  like  a  demon,  those  whom  he 
knew  to  be  faultless,  then  we  say  he  merits  the 
execration  of  every  good,  honest,  and  honora- 
ble citizen.  Yet  such  conduct  on  the  part  of 
the  district  attorney,  would  not,  in  any  degree, 
justify  the  injured  parties  in  violating,  by  seek- 
ing a  duel,  alike  the  laws  of  God  and  of  maiu 

"  After  a  careful  perusal  of  the  different  pub- 
lications, we  agree  in  opinion  with  the  editor 
of  the  National  Advocate,  that  Mr.  Maxwell 
'went  off  half  cocked.'  At  the  same  time,  it 
appears  to  us  that  Mr.  Eckford  too  willingly 
sanctions  the  idea  attempted  to  be  put  forth  by 
the  district  attorney,  that  he,  Mr.  Eckford,  is  a 
week,  simple  man,  and  easily  duped  by  others.. 
Whether  lie  is  such  or  not,  he  certaiuly  seems, 


LETTER    TO    HUGH    MAXWELL. 


215 


not  to  have  been  aware  of  the  traps  of  the 
district  attorney,  who,  finding  that  the  jury 
would  nol  convict  so  large  a  class  as  he  had 
united  in  the  same  bill,  followed  the  example 
of  the  boy  in  the  fable,  who,  when  his  bundle 
of  sticks  was  so  large  that  he  could  not  break 
them,  divided  and  attempted  t3  break  them 
singly  or  in  pairs;  and  because  the  sacrifice 
of  Mr.  Eckford  was  deferred  until  others  had 
been  disposed  of,  he  appears  to  have  been 
lured  into  neutrality  or  acquiescence,  in  the  vain 
hope,  that  when  the  district  attorney  had  glutted 
his  vengeance  with  other  victims,  he  would  pa- 
cify Mr.  Eckford  with  his  gracious  certificate. 

"All  that  surprises  us  is,  that  Mr.  Eckford 
should  not,  have  sooner  discovered  the  trick, 
and  not  allowed  Mr.  Maxwell  to  have  kept  him 
suspended  between  earth  and  heaven  so  long." 
Colonel  Decatur  took  the  message  to  Max- 
well from  Mr.  Eckford,  demanding  satisfaction 
for  his  faithlessness ;  the  Colonel  returned  re- 
porting that  Maxwell  had  replied  that  Mr. 
Eckford  had  better  remember  that  he  paid  me 
$300  to  procure  the  conviction  of  Barker  and 
be  quiet.  No,  says  Eekford,  proclaim  it  to  the 
world.  I  gave  him  the  money  as  the  unarmed 
traveller,  with  a  pistol  at  his  breast,  hands  his 
purse  to  the  highwayman.  Thus  the  report 
came  first  to  my  knowledge,  when  I  imme- 
diately addressed  to  Maxwell  a  letter  in  words 
and  figures  following : 

"  New  York,  January  1,  1828. 
"Sir:  Colonel  Decatur  stated  that,  when  he 
called  on  you  in  behalf  of  Mr.  Eckford,  you 
told  him  that  you  had  received  three  hundred 
dollars  from  Mr.  Eckford  to  aid  in  the  late 
prosecution  of  Jacob  Barker. 

"This  statement  becoming  public  led  to  an 
enquiry  of  Mr.  Eckford  if  he  had  joined  in  a 
plan  for  my  conviction.  He  assured  me  that, 
although  he  did  write  you  a  letter  enclosing 
three  hundred  dollars  in  January  last,  (which 
you  know  was  immediately  after  the  illegal 
verdict,)  and  although  you  did  receive  the 
money  and  did  keep  it,  yet  that  the  object  of 
sending  it  has  been  misrepresented.  The  letter 
in  which  the  money  was  enclosed,  now  in  your 
possession,  may  explain  the  true  object  for 
which  the  money  was  paid.  Will  you  please 
furnish  a  copy  for  publication  ?  Mr.  Eckford 
says  he  has  no  objection.  After  you  heard  all 
the  testimony  on  the  trial  you  made  a  most 
inflammatory  speech  against  Mr.  Eckford,  and 
in  resisting  his  motion  in  December  to  have 
his  trial  postponed,  you  stated  that  the  offended 
laws  required  that  there  should  be  no  delay ; 
but  after  the  receipt  of  the  three  hundred 
dollars  you  stated  that  'he  was  made  the  victim 
of  persons  who  abused  his  confidence,'  and  did 
not  bring  on  his  trial.  The  source  of  revenue 
to  yourself  was  cut  off  by  Mr.  Eckford  having 
been  placed  beyond  your  reach  by  a  power 


above  your  control ;  since  which  yon  said,  in  a 
letter  addressed  to  him  under  date  of  the  27th 
of  November  last:  '  The  circumstances  to  which 
I  alluded  as  inducing  the  belief  that  you  had  been 
the  victim  of  individuals  who  had  abused  your 
confidence,  may,  when  more  severely  examined, 
admit  of  a  less  charitable  construction.' 

"  You  having  thus  taken  back  your  friendly 
declarations,  the  motive  no  longer  exists  which 
induced  you,  in  the  most  arbitrary  manner,  to 
get  possession  of  my  four  letters  from  Mr. 
Eckford,  and  to  withhold  them  in  violation  of 
your  solemn  promise  to  the  grand  jury,  and  to 
say  when  they  were  applied  for  to  be  used  in  a 
case  more  important  to  me  thax  life,  '  that 
you  had  them  not,'1  when  you  had  them.  The 
motive,  I  repeat,  no  longer  exists;  as  those 
letters  prove,  in  distinct  terms,  that  the  part  I 
acted  was  by  Mr.  Eckford's  direction  and  at 
his  request,  and  fully  contradicted  the  impres- 
sion intended  to  have  been  made  at  the  time 
referred  to,  when  you  used  my  name  to  Colonel 
Decatur,  and,  consequently,  when  you  said 
that  Mr.  Eckford  had  been  made  the  victim  of 
persons  who  abused  his  confidence.  You  will, 
therefore,  be  pleased  to  return  the  said  letters 
to  me  without  further  delay ;  they  are  wanted 
to  be  used  in  an  investigation  now  going  on  iu 
the  court  of  chancery. 

"  Your  obedient  servant, 

"JACOB  BARKER. 

"  Hugh  Maxwell,  District  Attorney" 

To  this  letter  no  reply  was  made,  but  on  or 
about  the  same  day,  Maxwell,  after  having  kept 
the  money  about  eleven  months,  attempted  to 
return  it  to  Eckford ;  Eckford  refused  to  receive 
it,  when,  as  I  was  informed  and  believe,  Maxwell 
took  it  to  the  United  States  Branch  Bank,  New 
York,  and  deposited  it  to  the  credit  of  Eckford, 
where  it  remained  when  I  last  heard  of  it. 

The  disastrous  effects  these  proceedings  had 
on  Mr.  Barker's  business  can  be  more  easily 
imagined  than  described;  ruined  as  his  for- 
tunes were,  he  resolutely  set  about  their  liqui- 
dation, and  was  enabled  to  continue  his  com- 
mercial business  to  some  extent;  he  inclined  to 
that  with  Russia;  he  gave  the  nameof  Russia  to 
the  last  ship  he  had  built;  he  had  several  ships 
in  that  trade — among  then  umber  was  a  very 
fine  New  York  built  ship,  the  "  United  States." 

This  ship  was  lying  at  anchor  at  Cronstadt  in 
1820,  when  theyoung  emperor,  Nicholas,  passing 
by  in  his  barge,  on  his  way  to  the  inspection  of 
his  fleet,  being  attracted  by  her  fine  appear- 
ance, the  boatswain's  whistle  was  sounded,  the 
men  peaked  their  oars,  while  the  emperor  took 
a  full  view  of  the  vessel;  it  again  sounded,  the 
boat  went  round  the  ship,  and  then   landed; 


216 


LIFE    OF   JACOB    BARKER. 


the  captain  was  invited  on  shore,  when  the 
emperor  inquired  of  him  if  his  ship  was  for 
sale — if  so,  what  was  the  price.  The  reply 
was,  "She  was  for  sale  until  yesterday,  when  a 
charter  was  obtained,  to  take  a  cargo  of  copper 
&c,  &c,  to  Bordeaux — price  $30,000;  she 
cannot  now  he  sold  without  the  consent  of  the 
charterers."  The  emperor  responded,  "I  will 
send  down  commissioners  to  inspect  the  vessel: 
if  they  report  favorably,  I  will  obtain  the  con- 
sent of  the  charterers,  and  give  you  the  re- 
quired $50,000  for  the  ship."  On  his  return 
to  the  city,  he  directed  his  minister  of  marine 
to  confer  with  the  charterers;  he  did  so,  and 
stipulated  to  pay  a  specified  amount  for  their 
annulling  the  charter,  provided  she,  on  inspec- 
tion, should  prove  satisfactory — allowing  three 
days  for  the  examination.  She  proved  satis- 
factory. The  minister  of  marine  omitting  to 
give  the  notice  within  the  three  days,  the  cargo 
was  sent  down,  and  the  ship  commenced  load- 
ing. The  emperor  passed  again  the  next  day, 
and  perceived  her  to  be  a  foot  and  a  half 
deeper  in  the  water  than  when  he  resolved  to 
make  the  purchase.  He  returned  immediately 
to  the  city,  and  sent  for  the  minister  of  marine 
from  whom  he  obtained  an  explanation ;  in 
place  of  directing  him  to  disregard  the  delay  in 
giving  the  answer,  as  a  frivolous  objection,  he 
directed  him  to  inform  the  captain  that  he 
might  proceed  to  Bordeaux  with  his  cargo; 
and,  as  it  would  be  too  late  to  return  that 
season  to  Russia,  go  to  the  United  States  and 
procure  another  cargo,  come  back  with  it  to 
Europe,  and  then  return  to  St.  Petersburg, 
when  he  would  take  the  ship  at  the  same  price. 
She  did  return,  was  received  and  promptly 
paid  for,  the  emperor  personally  superintending 
the  consummation  of  his  bargain. 

Such  honorable  conduct,  such  attention  to 
business,  on  the  part  of  the  emperor,  so  rarely 
manifested  by  crowned  heads,  enlisted  Mr. 
Barker's  sympathies  in  his  favor,  which  con- 
tinued down  to  the  day  of  his  death. 

The  British  and  French  complain  that  our 
sympathies  are  not  with  them  in  their  present 
war;  when  it  commenced  the  subject  was  not 
well  understood  in  America;  latterly,  there 
seems  to  be  more  light  on  the  subject.  The 
two  following  articles  are  given  as  containing 
better  views  of  the  Russian  character  than 
have  been  heretofore  entertained: 


[From  New  Orleans  Picayune,  November  1,  1854.] 
"RUSSIAN  MAGNANIMITY. 

"  In  the  foreign  papers  lately  received  at  this 
office,  we  find  an  exceedingly  interesting  nar- 
rative of  the  circumstances  of  the  wreck  of  the 
British  steamer  Tiger  in  the  Black  Sea,  near 
Odessa,  at  the  commencement  of  hostilities  by 
the  allies — the  captivity  of  the  crew  and  their 
treatment  in  Russia.  It  is  written  by  Lieuten- 
ant Royer,  who  succeeded  to  the  command  on 
the  death  of  Captain  Giffard.  It  is  particularly 
interesting  from  the  picture  which  it  draws  of 
the  liberality  and  magnanimity  with  which 
these  prisoners  were  treated  in  Russia,  and  the 
favorable  account  which  it  gives  of  the  high- 
bred courtesy  and  generosity  of  high  Russian 
functionaries,  whom  the  common  opinion  in 
this  country  classes  with  semi-barbarians. 

"  When  the  Tiger,  having  hopelessly  ground- 
ed, surrendered  to  the  Russians,  the  officers 
and  crew  were  landed  and  conducted  to  the 
quarantine  ground,  where  they  were  hand- 
somely lodged  and  well  provided  for  in  all  re- 
spects. The  government  allowance  for  the 
boarding  of  prisoners,  which  was  regulated  to 
suit  the  physical  wants  of  the  abstemious  Turk, 
was  immediately  found  to  be  too  small  for 
English  appetites.  The  authorities  instantly 
trebled  it,  and  there  was  abundance  of  the 
best  quality.  General  Osten  Sacken  made 
daily  visits  of  kindness  and  looked  to  the  sup- 
ply of  their  wants,  and  M'me  Osten  Sacken, 
his  wife,  vied  with  him  in  considerateness  and 
attentions,  particularly  to  the  sick,  supplying 
them  with  delicacies  from  her  own  table. 
When  the  powder-boy  of  the  Tiger  died,  she 
had  an  iron  railing  constructed  around  his 
grave,  and  trees  planted  to  overshadow  it. 
On  the  death  of  a  young  midshipman,  she 
had  a  portion  of  his  hair  enclosed  in  a  gold 
locket  and  sent  to  his  mother.  The  same 
kind  spirit  pervaded  all  the  military  officers 
at  Odessa,  and  Lieutenant  Royer  says,  that 
the  only  difficulties  experienced  were  caused 
by  the  multiplicity  of  orders,  some  of  them  con- 
flicting with  each  other,  and  all  springing  out 
of  the  anxiety  to  alleviate  the  condition  of  the 
prisoners.  They  were  permitted  to  draw  on 
their  friends  in  England,  for  supplies  aud 
money,  and  their  bills  were  negotiated  for 
them. 

"  The  orders  of  the  Emperor  for  disposing  of 
them,  were  that  the  commanding  officer 
should  proceed  to  St.  Petersburg,  the  other 
officers  to  be  sent  as  far  as  Riasan,  a  town 
about  a  hundred  miles  from  Moscow.  The 
four  youngest  midshipmen  were  to  be  sent  to 
the  University  of  Moscow,  to  be  placed  under 
the  care  of  the  director  there,  and  to  be 
treated  as  the  other  pupils,  who  are  of  the 
noblest  families  in  Russia.  By  subsequent  ar- 
rangements, however,  a  change  was  effected, 
and  all  but  thirty  of  the  crew  were  exchanged 
at  Odessa  for  Russian  prisoners.     Lieutenant 


RUSSIAN   MAGNANIMITY. 


217 


E oyer,  as  commanding  officer,  was  sent  to  St. 
Petersburg. 

"  A  trait  of  uncommon  consideration  for  the 
seamen  is  also  recorded.  When  they  were 
about  to  start  on  their  long  journey  for  Riasan, 
and  afier  their  own  officers  had  expressed 
satisfaction  with  the  clothing  provided  for 
them,  the  Russian  authorities  gave  to  each 
man  an  extra  great  coat  and  an  extra  pair  of 
thick  boots  for  the  journey. 

On  the  arrival  of  Lieutenant  Rover  at  St. 
Petersburg,  he  was  treated  more  like  a  wel- 
come guest  than  a  prisoner.  In  his  first  inter- 
view with  De  Gorouki,  the  Russian  minister  of 
war,  the  latter  addressed  him  thus:  '  Mons. 
Le  Lieutenant,  the  chances  of  war  have  thrown 
you  into  a  position  which  places  us  now  in  the 
relation  of  friends,  and  I  trust  in  our  future 
intercourse  we  shall  esteem  each  other  as 
loyal  gentlemen.'  In  this  generous  spirit  he 
had  every  indulgence,  comfort,  and  liberty  or- 
dered him;  and  a  short  time  afterwards  was 
personally  presented  to  the  Grand  Duke  Con- 
stantine  and  the  Emperor  Nicholas. 

"His  visit  to  the  Grand  Duke  is  pleasantly 
related.  It  was  made  during  the  temporary 
absence  of  the  Duke,  and  while  waiting  fur- 
ther the  Grand  Duchess  came  in  without  for- 
mality, and  held  a  very  unaffected  conversation 
with  him.  and  concluded  her  courtesies  by  send- 
ing him  a  cup  of  tea,  and  the  latest  Ei. 
newspaper — in  the  days  of  Peter  or  Catharine, 
it  would  have  been  a  pint  bumper  of  raw 
brandy.  The  account  of  the  interview  with 
the  Grand  Duke  displays  the  latter  in  a  very 
amiable  style,  unaffectedly  courteous,  kind, 
and  extremely  well  informed. 

"  The  interview  with  the  Emperor  had  an 
unexpected  result,  in  the  unconditional  release 
of  Lieutenant  Royer  from  captivity.  It  was 
done  with  so  much  grace  and  good  humor  that 
we  make  a  long  extract,  particularly  as  it  de- 
scribes the  personal  appearance  of  the  '  ter- 
rible' Czar  in  June  last,  when,  by  the  British 
newspaper  accounts,  he  was  haggard  with  care 
and  apprehensions : 

"  The  Emperor  was  standing  in  the  middle  of 
the  room,  dressed  in  the  plain   dark  blue  uni- 
form of  a  generalin-cbief,  and  wore  a  white 
enamelled  cross  at  the  button-hole  on  his  chest. 
This,  I  believe,  was  the   cross  of  the  order  of 
St.    George,  an   honor   conferred    only    upon 
persons  who  have  rendered  important  services 
to  their  country.     I  imagine   that  his  Imperial 
Majesty  has  not  yet  assumed  the  decoration  of 
the  highest  class  of   the  order,  which  is  won 
by  such  men  as   Paskiewitch,  Woronzoff,   &c, 
and  which  was  described  to  me  as  different  in 
uze  to  that  worn  by  the  Emperor.     I  expected 
b  see  a.  fine  tall  man,  but  was  not  prepared  to 
fad  his  Imperial  Majesty  so  much  superior  to 
tl?  generality  of  men  in   height  and   appear- 
and.    He   certainly  did  not  look  more   than 
fift,  nor  were   there  any   particular  signs  of 
can  on  his  countenance/at  least  not  more  than 


one  sees  in  every  man  of  his  age.  His  features 
were  fine  and  regular,  his  head  bald  in  the 
centre,  and  his  eye  expressive  of  mildness, 
quite  in  accordance  with  his  words.  I  was 
aware  that  his  Majesty  spoke  both  English  and 
French,  and  hoped  that  he  would  address  me 
in  my  native  tongue. 

"  As  I  bowed  and  stepped  forward,  he  ad- 
dressed me  as   '  Monsieur  le  Lieutenant,'  and 
inquired  after  my  health,  whether  I  had  got 
rid  of  my  fever,  and  how  and  where  I  caught 
it.     He  asked  me  about  the  loss  of  the  Tiger, 
j  and  inquired  why  we  had  not  anchored,  being 
,  so  near  the  land.     I  replied  that  the  fog  was 
I  very  thick,  and  that  by  our  reckoning  we  were 
|  some    distance   from    land    when    the   vessel 
i  struck.     He   asked   if  I   was   married,    made 
!  some   kind  inquiries  respecting  the  family  of 
!  my  late   captain,  and  informed  me  that  Mrs. 
Giffard  had  gone  to  Odessa  to  join  her  hus- 
band, not    having  heard    of  his   death.      His 
Imperial  Majesty  then  said  that  it  had  been 
his  intention  to  grant  the  captain  his  liberty, 
but  as  that  was  now  impossible,  he  would  ex- 
tend that  grace  to  me  as  the  next  in  command, 
and  asked  me  how  I  should  like  to   go  home. 
I  was  quite   taken  aback   by  this    announce- 
ment, as,  although  I  had  been   told  at  Odessa 
that  I  should   have  my  liberty,  still  I  did  not 
anticipate  that  it  would  be  granted   so  soon 
and  so  freely.     I  was  therefore  unprepared  to 
answer  the  question  as  to  my  intended  route, 
and  said  that  I  really  had   not  thought   of  it ; 
upon  which  His  Imperial  Majesty  burst  into  a 
fit  of  laughter,  much  amused  at  my  surprise." 
[From  the  New  Orleans  Delta  of  November  14, 1^54.] 

Magnanimity  and  Barbarism. 

"  One  good  result  of  the  war,  which  the  allies 
are  now  prosecuting  against  Russia,  begins  to 
be  quite  manifest.  It  consists  in  the  evident 
change  which  British  opinion  is  undergoing  in 
reference  to  the  character  of  the  Russians,  their 
government,  their  resources,  gallantry,  &c.  For 
a  long  time  it  has  been  quite  the  fashion  in 
England,  and,  of  course,  it  is  in  this  country, 
where  English  ideas  still  exercise  a  powerful 
influence,  to  represent  the  Russians  as  a  race 
of  barbarians,  of  ill-used,  degraded,  servile, 
ignorant  serfs,  tyranized  over  by  a  grim  and 
bloodthirsty  despot.  When  the  present  war 
broke  out,  this  British  prejudice  and  delusion 
were  augmented  and  invigorated  by  national 
pride,  and  by  a  newly  excited  appetite  for  mili- 
tary glory,  for  wars  and  bloodshed,  though  the 
presence  of  the  imperial  family  of  Russia  in 
London,  some  ten  or  twelve  years  ago,  dissi- 
pated, to  a  degree,  these  previous  misconcep- 
tions ;  when  it  became  necessary  to  pander  to  a 
mob  passion  for  war,  which  has  instigated  the 
present  contest,  it  was  necessary  to  revive  all 
the  old  ideas  of  the  barbaric  ignorance  and 
brutality  of  the  Russians.  When  John  Bull's 
prejudice  is  aroused  against  a  people  or  nation, 
be  is  prepared  to  believe  anything  of  them. 


218 


LIFE   OF   JACOB   BARKER. 


There  are  no  limits  to  his  credulity  ;  no  satiety 
to  his  appetite  for  the  horible ;  hence  the  popu- 
larity of  and  general  belief  in  the  most  absurd 
stories,  which  from  time  to  time,  since  the  war 
broke  out,  have  been  invented,  it  would  appear, 
just  to  minister  to  this  appetite  of  the  English. 
All  people,  especially  a  strong  thinking  and  feel- 
ing one,  like  the  English,  dislike  to  surrender 
their  pet  prejudices  and  cherished  passions,  to 
the  clearest  evidence.  They  are  determined  to 
think,  write  and  fight  against  the  Russians,  as 
a  set  of  savages, — to  treat  their  whole  army  as 
Cossacks,  and  degraded  serfs.  Woe  be  to  him 
■who  attempts  to  remove  this  delusion  from 
their  minds.  Just  look  at  the  spectacle  re- 
cently presented  in  London,  which  afforded  so 
striking  a  proof  of  the  invincible  bigotry  of  even 
British  dignitaries.  When  the  great  Sevastopol 
hoax  reached  London,  and  the  intelligence  was 
communicated  by  the  Duke  of  Newcastle  to 
the  lord  mayor  of  London,  that  individual, 
dressed  in  his  gorgeous  official  robes,  marched 
at  the  head  of  a  procession,  composed  of  portly 
liveried  men,  preceded  by  trumpeters  dressed 
in  the  fashion  of  four  hundred  years  ago,  and, 
on  his  arrival  at  Guildhall,  proclaimed  to  a 
vast  multitude,  which  had  assembled  around 
that  building,  'the  glorious  triumph  of  the  allies 
over  our  barbaric  foes.'  Thereupon,  the  crowd, 
constituting  that  most  enlightened  of  alltribes,  a 
London  mob,  yelled  and  screamed  with  delight 
at  the  victory  of  Christian  civilization  and 
philanthropy  over  Russian  barbarism  and  bru- 
tality. Now  whilst  this  spectacle  was  being 
exhibited  in  the  great  capital  of  Great  Britain, 
a  young  officer  of  the  English  navy,  who  had 
been  captured  in  the  Black  Sea,  by  the  Rus- 
sians, was  receiving  the  congratulations  of  his 
friends  on  his  release  from  captivity.  One  of 
his  first  tasks — for  ingratitude  is  no  vice  of 
the  English  character,  on  his  arrival  home — 
■was  the  vindication  of  the  Russians  from  this 
unmerited  aspersion  of  the  lord  mayor.  The 
letter  of  Lieutenant  Royer  is  a  generous  and 
noble  tribute,  to  a  kind  and  magnanimous 
enemy.  The  treatment  of  the  unfortunate  offi- 
cers and  men  of  the  Tiger  by  the  Russians 
■was  marked  by  a  refinement,  a  gentleness  and 
kindly  consideration  that  have  rarely  been 
equalled  by  the  people  or  officers  of  any  coun- 
try or  government. 

"  They  were  received  by  the  emperor  and  his 
family  as  old  friends  rathre  than  as  enemies. 
The  young  officers  were  placed  at  college  in 
order  to  continue  their  studies,  the  men  were 
taken  care  of  in  the  most  comfortable  style ; 
the  oldest  officer  was  released  ;  the  wounded 
attended  by  the  highest  ladies  in  the  country, 
and  the  dead  were  buried  with  all  the  honors 
and  respect  that  would  be  accorded  to  them  in 
their  own  country.  Around  their  graves  en- 
closures were  erected  and  trees  planted  by  a 
noble  lady. 

"The  delicate  consideration  of  transmitting 
the  relatives  of  the  deceased  medallions  con- 


taining locks  of  the  hair  of  their  unfortunate 
friends,  crowned  the  offices  of  a  refined  gene- 
rosity and  philanthropy.  Nor  let  it  be  said 
that  such  conduct  as  this  proceeded  only  from 
the  highest  classes  of  society;  the  people,  the 
peasantry,  all  classes  displayed  a  like  kind- 
heartedness  and  refinement.  The  following 
being  the  concluding  portion  of  Lieut.  Royer's 
letter  describing  his  treatment  by  the  Russians, 
conveys  a  bitter  but  deserved  sarcasm  on  this 
whole  war, — got  up  to  protect  a  set  of  real 
barbarians,  against  a  people  who  are  giving 
the  most  convincing  proofs  of  their  progress 
in  all  the  arts  of  Christian  civilization  and  of 
an  enlarged  philanthropy. 

'"At  first,  unacquainted  with  the  Russian 
character,  and  apprehensive  of  ill-treatment  in 
case  we  were  removed  to  some  out-of-the-way 
place  in  the  interior  of  the  country,  the  officers 
resorted  to  various  ingenious  contrivances  to 
secrete  the  spare  money  they  possessed.  Some 
sewed  it  in  the  stiff  collars  of  their  jackets ; 
others  wore  the  coin  in  belts  around  their  waists, 
&c.  But  that  such  precautions  were  perfectly 
needless  will  be  seen  in  the  sequel.  The  first 
lieutenant  traversed  the  whole  of  Russia,  often 
leaving  his  portmanteau  in  the  carriage  upon 
the  high-road,  while  reposing  at  the  inn  during 
the  night,  without  losing  the  smallest  trifle. 
Indeed,  the  sympathy  everywhere  shown  us 
was  remarkable;  and  the  conduct  of  our  civi- 
lized enemies  afforded  a  striking  contrast  to 
that  of  our  barbarous  allies,  to  whose  assist- 
ance our  country  has  generously  proceeded. 
While  staying  at  Constantinople,  we  were  often 
spat  upon  in  the  streets  by  the  Turkish  children, 
who  certainly  would  not  have  felt  such  an  ab- 
horrence of  us  if  it  had  not  been  instilled  into 
them  by  their  parents,  who,  no  doubt,  expressed 
in  private  feelings  which  were  thus  aped  and 
reflected  by  their  little  counterparts.'" 

Some  of  the  securities  received  from  the 
Life  and  Fire  Insurance  Company  consisted  in 
mortgages  on  plantations  in  Louisiana,  which 
involved  Mr.  Barker  in  extensive  litigation  in 
that  State. 

One  of  the  suits  resulting  unfavorably,  Mr. 
Barker  was  induced  to  repair  to  New  Orleans, 
to  superintend  the  others,  and  was  admitted 
ex  gratia  by  Judge  Harper,  of  the  United 
States  district  court,  to  take  part  with  the  coun- 
sel in  the  argument,  his  name  not  being  in  the 
record  as  a  party,  and  he  not  being  a  member 
of  the  legal  profession,  could  not  otherwise 
have  appeared  in  the  case.  The  judge,  being 
determined  to  defeat  the  claim,  soon  discoverei 
from  Mr.  Barker's  advocacy  that  he  would  te 
held  to  a  judicial  course  in  no  ways  suitedco 
his  purpose. 

The  term  closed  without  any  final  deciion. 


SUIT    IN    THE    COURT    AT    NEW   ORLEANS. 


219 


At  the  next  terra  the  judge  withdrew  the  per- 
mission granted  Mr.  Barker  to  appear  in  the 
case,  when  that  gentleman,  determining  not  to 
be  thus  overthrown,  commenced  studying  law, 
and  pursued  the  study  until  he  got  admitted. 
At  his  first  examination  before  the  supreme 
court  his  acquirements  were  not  found  to  be 
sufficient.  He  was  thrown  back  on  his  books, 
and  continued  his  reading  until  he  felt  himself 
to  be  qualified,  when  he  presented  himself 
again  to  the  supreme  court  for  another  exami- 
nation, which  resulted  favorably.  This  en- 
abling him  to  appear  before  Judge  Harper 
duly  qualified  as  a  counsellor  at  law,  no  further 
objection  was  made,  and  he  conducted  the  busi- 
ness to  a  successful  issue.  Before  this  result, 
however,  the  judge  was  removed  by  death. 

A  judgment  had  been  rendered  in  favor  of 
the  plaintiffs  previous  to  Mr.  Barker's  visiting- 
Louisiana  by  Judge  Robertson,  who  was  Judge 
Harper's  predecessor,  Judge  Harper  being  clerk 
of  the  court  at  the  time,  whose  duty  it  was  to 
have  the  judgment  signed  three  days  after  its 
rendition.  Shortly  after  this  Judge  Robertson 
died,  and  Harper  was  appointed  judge,  when 
he  refused  to  grant  an  execution,  saying  that 
the  judgment  had  never  been  signed  ;  that 
when  he  presented  it  to  Judge  Robertson  for 
his  signature  he  refused  to  sign  it,  saying  it 
was  a  rascally  claim,  and  that  he  never  would 
sign  ihe  judgment.  Judge  Harper  was  then 
requested  to  sign  it  himself,  as  it  was  his  duty 
to  do.  He  refused.  Application  was  made  to 
the  Supreme  Court  of  the  United  States  at 
Washington  for  a  mandamus  commanding  him 
to  sign  it,  which  was  granted,  and  Mr.  B.  went 
to  New  Orleans,  armed  with  that  document. 
On  its  presentation  Judge  Harper  signed  the 
judgment,  and  execution  was  issued.  Soon 
after  which  he  granted  an  injunction  staying 
all  proceedings,  which,  after  a  year  or  two,  was 
dissolved  without  requiring  proof,  the  allega- 
tion in  the  bill  being  insufficient. 

After  the  death  of  Judge  Harper,  the  origi- 
nal judgment,  duly  signed  by  Judge  Robertson, 
was  found  in  a  trunk  among  Judge  Harper's 
waste  papers,  it  having  been  removed  by  him 
from  the  files  of  the  court.  This  original  judg- 
ment, thus  signed,  Mr.  Barker  brought  before 
the  State  court,  to  which  the  debtor  had  applied 
for  the  benefit  of  the  insolvent  law.  Here  the 
district  judge,  holding  court  at  Plaquemines, 


held  it  to  be  necessary  to  prove  the  seal  and 
signatures  of  the  Life  and  Fire  Insurance  Com- 
pany. It  was  too  late  to  send  a  commission, 
and  it  was  not  known  that  there  was  a  single 
person  in  Louisiana  who  could  give  the  re- 
quired testimony.  This  ruling  of  the  judge 
was  resisted,  and  while  the  associate  counsel 
was  arguing  the  point  a  boat  from  New  Or- 
leans, for  Louisville,  stopped  to  land  passen- 
gers. Mr.  Barker,  hearing  the  steam  blowing 
off,  repaired  to  the  levee,  in  the  hope  of  obtain- 
ing a  late  newspaper.  On  approaching  the 
boat,  he  recognized  William  Porter  among  the 
passengers.  He  knew  that  gentleman  posses- 
sed the  necessary  information.  An  arrange- 
ment was  made  with  the  captain  to  delay  big 
departure.  Mr.  Porter  attended  court,  and 
gave  the  required  testimony.  He  was  the  only 
man  in  Louisiana  sufficiently  informed  to  have 
given  it.  His  arrival  at  the  critical  moment 
seemed  to  be  as  miraculous  as  the  discovery  of 
the  judgment  surreptitiously  removed  from  the 
files  of  the  court,  which,  when  considered  with 
the  discovery  of  the  original  records  of  the 
midnight  proceedings  of  the  New  York  con- 
spirators against  the  Tradesmen's  Bank,  and 
their  attempts  to  make  an  innocent  man  an- 
swerable for  their  errors,  seemed  calculated  to 
weaken  a  belief  to  which  Mr.  Barker  has  al- 
ways adhered,  viz  :  that  there  is  not  any  divine 
interference  with  the  affairs  of  men  while  on 
earth. 

During  the  progress  of  these  suits  Mr.  Bar 
ker  gave  some  attention  to  sugar  planting,  im- 
agining that  it  could  be  more  successfully  con- 
ducted with  free  than  with  slave  labor.  To  test 
this,  he  sent  a  ship  to  Hamburg  and  brought  out 
Germans,  who  were  to  work  a  certain  number  of 
of  years  for  the  passages.  The  selection  was  un- 
fortunate, his  plantation  was  too  near  (forty-five 
miles)  New  Orleans,  where  the  high  rate  of  wa- 
ges and  other  seductions  of  a  city  life  soon  in- 
duced these  misguided  persons  to  desert  their 
post,  so  that  in  about  one  year  not  one  remaiued 
to  relate  the  failure  of  the  experiment. 

Mr.  Barker  abandoned  the  business,  being 
satisfied  that  it  was  not  adapted  to  his  course 
of  life,  and  that  if  the  cultivation  of  sugar  in 
Louisiana  by  free  white  labor  ever  became  gen- 
eral, it  could  only  be  brought  about  on  very 
small  plantations,  by  farmers  and  their  sons 
accustomed   to   labor  taking   an   active   part 


220 


LIFE   OF   JACOB   BARKER. 


therein,  each  employing  a  few  additional  hands. 
In  that  way,  if  the  price  of  sugar  afforded  a 
remunerating  profit,  slave  labor  could  be  dis- 
pensed with,  there  not  being  anything  in  the 
climate  or  cultivation  more  unfavorable  to  the 
white  than  to  the  black  population,  both  require 
to  be  acclimated. 

This  experiment  failing,  Mr.  Barker  having 
been  taught  to  believe  that  the  difference  in  the 
races  was  attributable  more  to  their  education 
and  habits  than  to  other  causes,  he  took  a  fam- 
ily from  a  plantation  for  the  purpose  of  testing 
this  matter,  and  sent  one  of  them,  a  promising 
boy,  by  the  name  of  Adam  Baker  Smith,  to 
Liverpool,  per  ship  Russia,  to  John  Fisher, 
esq.,  an  eminent  merchant,  to  be  educated,  the 
laws  of  Louisiana  not  allowing  slaves  to  be 
educated  in  the  State.  This  boy  was  returned 
to  Mr.  Barker,  the  schools  in  England  refusing 
to  admit  persons  of  color  as  scholars.  On  his 
passages  he  acquired,  by  the  kindness  of  the 
captain  of  the  ship,  Samuel  Elliot,  some 
knowledge  of  reading  and  writing.  He  became 
a  good  house  servant,  and  then  a  porter  in  Mr. 
Barker's  bank.  At  the  age  of  twenty-one  he 
was  made  free,  and  employed  on  wages  in  the 
bank,  where  he  served  faithfully  for  some 
years,  and  then  went  to  California.  There  he 
found  employment  in  a  banking  establishment, 
which  enabled  him  to  remit  to  Mr.  Barker 
fifteen  hundred  dollars,  with  which  his  wife 
and  child  were  purchased  and  sent  to  him, 
where  they  are  all  doing  well. 

Adam's  sister  he  sent  to  New  York,  and 
made  her  free.  She  returned  to  New  Orleans, 
where  she  now  resides,  without  seeming  to 
benefit  by  her  freedom,  although  the  most 
talented  of  the  family. 

Two  other  girls  of  the  same  family  he  sent 
to  Massachusetts  to  be  educated.  The  young- 
est is  still  there  doing  very  well.  The  oldest 
was  enticed  away  from  Mr.  Barker's  friends  at 
an  early  age,  and  he  has  no  knowledge  of  what 
became  of  her. 

Another  boy  of  great  promise,  at  the  age  of 
five  years,  Mr.  Barker  sent  to  Germany,  and  kept 
him  there  at  school  several  years,  brought  him 
back  to  Philadelphia,  where  he  behaved  very 
well  for  a  year  or  two.  Having  contracted  a 
roving  disposition,  he  left  a  very  comfortable 
home,  and  enlisted  in  the  naval  service  of  the 
United  States.     Mr.  Barker's  son  interposed, 


and  he  was  released  on  account  of  his  youth. 
He,  however,  very  soon  again  embarked  in  the 
sea  service,  and  although  several  attempts  have 
been  made  to  put  him  in  the  way  of  doing  bet- 
ter, they  have  all  proved  unavailing.  In  that 
service  he  has  suffered  very  much,  and  writes 
home  very  sensible  letters,  from  which  it  would 
be  inferred  that  once  back  he  would  remain  on 
shore;  yet  after  a  few  months'  laud  service, 
with  very  good  prospects,  he  yields  again  to  his 
ruling  passion  to  buffet  the  waves. 

Another  boy  he  sent  to  New  York,  and 
placed  him  with  a  mechanic  in  Westchester 
county  to  learn  his  trade.  This  boy  may  turn 
out  well,  as  he  appears  to  have  fine  talents. 

Another  boy  he  took  with  him  to  the  north, 
and  put  to  school  in  Westchester  county,  New 
York,  offering  him  his  freedom  if  he  would  re- 
main at  the  north.  Very  many  persons  inter- 
ceded with  him  to  do  so;  it  was  all  in  vain; 
he  could  not  be  induced  to  accept  his  freedom 
on  such  terms. 

Although  Mr.  Barker  has  been  greatly  dis- 
appointed in  the  result  of  these  experiments, 
he  made  one  more  effort  by  sending  a  female 
child,  an  orphan,  whose  mother  died  in  his 
service,  to  Nantucket,  where  she  was  adopted 
by  a  very  respectable  colored  family,  and  ap- 
pears likely  to  be  an  exception  to  the  general 
rule. 

Many  other  of  the  Baker  family  remain  in 
Louisiana,  it  appearing  useless  to  attempt  to 
improve  their  condition;  and  after  more  than 
twenty  years'  residence  in  a  slave  State,  Mr. 
Barker  has  come  to  the  conclusion  that  the 
master  is  a  greater  slave  than  the  bondsman; 
that  slavery  operates  prejudicially  to  the  agri- 
cultural interests  of  the  State;  but  it  is  an 
evil  entailed  by  our  ancestors  which  cannot  be 
abolished  with  the  means  within  the  power  of 
the  State ;  that  the  slaveholders  would  consent 
to  a  general  emancipation  on  receiving  the 
value  of  their  slaves  from  the  treasury  of  the 
United  States;  yet  they  have  no  belief  that 
their  condition  would  be  improved. 

Mr.  Barker  knows  that  they  are  more  com- 
fortably provided  for  when  in  health,  better 
taken  care  of  when  sick,  and  indulged  in  more 
rational  amusements  than  are  enjoyed  by  the 
laboring  classes  of  any  other  country;  have 
full  religious  liberty,  and  are  allowed  to  inter- 
marry according  to  their  own  fancy,  and  their 


FREE   PERSONS   OF   COLOR   IN    NEW   ORLEANS. 


221 


children  are  generally  treated  with  the  same 
kindness  as  those  of  their  masters. 

True,  there  are  exceptions,  and  cruelties 
practised  in  all  countries,  quite  as  much  so  in 
free  as  in  slave  States.  When  a  white  man  is 
detected  in  a  crime  he  is  punished  in  free 
Slates  according  to  the  nature  of  his  offence; 
and  Mr.  Barker  witnessed,  when  very  young, 
the  horrible  scene  of  a  white  woman  being  tied 
to  a  cart  in  a  public  square,  and  there  receiv- 
ing on  her  naked  back  many  lashes,  which  had 
been  imposed  by  a  court  for  a  trifling  theft. 
When  slaves  are  detected  in  crime  they  are 
also  punished,  but  the  number  of  such  punish- 
ments is  not  believed  to  be  comparatively  as 
great,  or  more  severe  than  is  inflicted  on  offen- 
ders in  free  States  :  yet  it  is  a  constant  prac- 
tice of  those  who  are  opposed  to  the  institution 
of  slavery  to  refer  to  these  occurrences  as  evi- 
dence of  general  cruel  treatment  of  slaves. 

These  people  are  greatly  deceived,  and  most 
of  them  very  honest  in  their  zeal  in  favor  of 
freedom,  and,  Mr.  Barker  is  persuaded,  would 
not  meddle  if  they  knew  the  unfavorable  influ- 
ence of  their  measures,  causing  much  greater 
restrictions  on  the  slaves  than  would  be  other- 
wise imposed. 

That  slavery  is  contrary  to  that  great  prin- 
ciple which  teaches  us  to  do  unto  others  as  we 
would  they  should  do  unto  us,  there  can  be  no 
doubt,  yet  it  is  idle  to  waste  our  substance,  our 
time,  and  our  good  feelings  for  each  other  on 
what  is  utterly  impracticable.  How  far  the 
slaves  would  make  a  valuable  community,  if 
made  free,  and  placed  in  a  colony  by  them- 
selves, where  their  children  could  be  educated 
and  grow  up  free  from  the  withering  influence 
arising  from  the  supposition  that  they  were  to 
be  slaves  for  life,  is  problematical,  but  without 
such  an  education,  Mr.  Barker  is  satisfied  they 
cannot  be  materially  benefitted  by  the  interpo- 
sition of  white  men  at  a  distance. 

Many  free  persons  of  color  being  subject  to 
great  hardships  from  the  police  of  New  Orleans, 
Mr.  Barker  frequently  interfered  in  their  be- 
half, creating  very  considerable  prejudice 
against  him.  His  interference  was  constantly 
misrepresented  by  interested  parties  and  in  the 
newspapers.  So  great  at  one  time  was  this 
feeling  that  he  considered  it  expedient  to  make 
the  following  publication  : 


"TO  THE  PUBLIC. 

"  My  opinions  and  conduct  having  been 
grossly  misrepresented,  I  beg  to  be  allowed  to 
speak  for  myself.  All  my  exertions  have  been 
and  will  continue  to  be  confined  to  sending  out 
of  and  keeping  away  from  the  State  free  men 
of  color.  This,  when  properly  considered,  will 
be  approved  by  every  slaveholder. 

"On  the  3d  July  instant,  I  wrote  to  a  gen- 
tleman at  Philadelphia,  who  had  employed  me 
to  present  to  court  the  proof  of  the  freedom  of 
a  man  confined  in  prison,  as  follows: 

"'You  should  publish  in  the  newspapers, 
and  otherwise  admonish  all  free  people  of  color 
to  keep  away  from  this  place,  and  especially  if 
they  have  had  their  freedom  established  here  they 
should  keep  away,  as  all  such  persons  are  notified 
to  quit  the  State  within  sixty  days,  and  if 
they  remain  or  return  again  after  the  sixty 
days  but  for  an  hour,  they  are  sent  to  the  peni- 
tentiary for  twelve  months,  and  then  ordered 
to  quit  in  thirty  days,  and  if  they  remain  or 
return  again  after  the  thirty  days  they  are  sent 
to  the  penitentiary  for  life. 

"'There  is  no  safety  for  free  men  of  color 
not  born  here,  or  here  before  1825,  but  to  keep 
away  from  this  place.  This  community  is 
justly  afraid  of  their  contaminating  influence 
on  the  slaves,  and  they  cannot  be  permitted  to 
mingle  with  each  other;  and  while  I  shall  at 
all  times  be  willing  to  aid  in  securing  to  free 
men  the  exercise  of  their  just  right  without 
regard  to  color,  I  advocate  all  constitutional 
and  legal  measures  for  keeping  free  people  of 
color  away  from  slave  holding  States.  I  think 
their  friends  in  your  quarter  cannot  do  them  a 
better  service  than  to  admonish  them  not  to 
come  here.' 

"My  conduct  has  alwrays  corresponded  with 
these  opinions.  I  have  not  in  the  whole  course 
of  my  life,  to  my  recollection,  written  or  said  a 
word,  in  or  out  of  court,  at  variance  therefrom. 

"When  admitted  to  appear  in  the  courts  of 
Louisiana,  the  laws  of  the  State  as  well  as  my 
duty  imposed  the  obligation  of  fidelity  to  my 
clients,  and  it  is  strange  that  any  one  should 
complain  of  my  having  complied  with  the 
requisites  of  that/obligation.  It  must  have  been 
misrepresentation  that  has  led  them  to  do  so. 

"My  family  have  a  deep  interest  in  slave 
property,  and  no  man  is  more  tenacious  of,  or 
will  go  further  to  protect  the  rights  of  slave- 
holders than  myself. 

"If  any  man  feels  aggrieved,  he  has  but  to 
point  out  in  what  particular,  and  I  will  afford 
him  all  the  satisfaction  in  my  power,  when  he 
will  discover  that  he  had  no  just  cause  of  com- 
plaint. 

"  Why  pass  laws  protecting  free  men  of  color 
if  it  is  to  be  considered  wrong  for  counsel  to 
appear  in  their  behalf?  No  one  will  pretend 
that  they  are  capable  of  maintaining  in  court 
their  own  rights.  And  if  they  were,  they,  at 
work  in  irons  on  the  highway,  could  not  get 


222 


LIFE   OF   JACOB   BARKER, 


their  cases  before  the  court  with  the  proper 
proofs. 

"It  may  be  here  proper  for  me  to  state,  for 
the  information  of  the  public,  some  of  the  many 
facts  which  have  come  to  my  knowledge  in 
relation  to  the  treatment  of  free  men  of  color 
in  the  prison  of  the  second  municipality. 
Having  occasion  to  visit  that  prison,  very  many 
prisoners  poured  forth  their  complaints  through 
the  grates  as  I  was  passing  through  the  road, 
declaring  themselves  free,  that  they  were  un- 
lawfully detained  aud  kept  at  work  on  the 
highway  in  chains.  It  would  have  been  in- 
human to  have  turned  a  deaf  ear.  Many  of 
them  appeared  to  be  so  white  as  f^r  the  law  to 
presume  them  free.  I  immediately  represented 
the  case  to  his  honor  the  recorder,  who  had  six  of 
them  brought  up,  and  pronounced  five  of  them 
free  from  their  complexion,  without  argument 
and  without  requiring  any  other  testimony; 
and,  on  my  enquiring  why  they  had  not  been 
liberated  the  morning  after  their  arrest,  their 
degree  being  as  visible  then  as  at  any  other 
time,  his  honor  replied  that  they  had  been 
placed  in  the  chain  gang  by  the  officers  of  the 
prison  without  having  been  brought  up  before 
him  for  examination.  Was  it  wrong  to  inter- 
fere in  behalf  of  these  men? 

"Public  justice  as  well  as  every  principle  of 
humanity  requires  that  prisoners,  however 
great  their  offence,  should  have  free  communi- 
cation with  their  counsel. 

"On  two  occasions  I  was  denied  all  access 
to  prisoners  in  the  second  municipality,  in 
whose  defence  I  had  been  requested  to  assist, 
on  the  plea  that  no  such  persons  were  confined. 
After  many  months'  perseverance,  by  the  aid  of 
his  honor,  the  recorder,  I  had  an  interview 
with  one  of  them,  and  the  only  excuse  offered 
for  his  concealment  was  that  I  had  enquired 
for  Charles  Chandler,  when  his  name  was 
Charles  C.  Chandler;  and  by  the  aid  of  his 
honor,  the  mayor,  with  the  other,  after  less 
delay,  the  excuse  for  his  concealment  was  that 
I  inquired  for  James  Lloyd  Warner  when  they 
had  him  on  the  prison  books  only  by  the  name 
of  Warner.  Are  such  practices  to  be  tolerated 
in  this  enlightened  age?  There  was  not  any 
pretence  that  either  of  these  men  were  slaves. 

"On  a  recent  occasion,  I  was  informed  that 
a  colored  man,  born  in  my  native  State,  Maine, 
of  free  parents,  was  in  the  chain  gang  at  work 
on  the  highway — had  been  there  since  Sep- 
tember last,  although  the  driver  of  the  gang 
knew  him  to  be  free,  was  born  in  the  same 
town,  went  to  school  with  him,  and  had  known 
him  from  his  childhood.  I  communicated  these 
facts  to  his  honor,  the  recorder,  he  had  the 
matter  promptly  inquired  into,  and  the  man 
liberated,  but  without  a  penny's  compensation 
for  nine  months'  services  improving  the  second 
municipality. 

'At  the  prisons  of  the  first  and  third  munici- 
pality I  have  been  treated  with  the  greatest 
politeness,  and  every  facility  afforded  by  the 


officers  and  keepers  in  bringing  the  law  to  the 
relief  of  the  prisoners. 

"Again,  it  was  the  practice  unlawfully  to 
retain  prisoners  in  the  second  municipality  for 
their  board,  doctor's  bills,  &c,  after  their  free- 
dom had  been  established,  until  I  brought  the 
matter  before  a  higher  court;  and,  on  one 
occasion,  without  crediting  on  the  account 
rendered  the  money  taken  from  him  when 
arrested.  The  public  will  please  to  observe 
that  the  rule  in  the  second  municipality  was  to 
allow  prisoners  three  picayunes  a  day  for  such 
days  as  they  labor  on  the  public  road,  and  to 
charge  three  picayunes  a  day  for  their  board, 
in  addition  to  the  clothing  supplied,  the  doctor's 
bills,  &c.  Hence,  as  they  cannot  labor  on  Sun- 
days, hollidays,  or  in  stormy  weather,  they  are 
brought  in  debt,  as  soon  as  confined,  the 
amount  of  which  is  augmented  weekly,  and  as 
these  men  seldom  have  money,  and  have  no 
means  of  earning  any  during  their  confinement, 
their  simple  arrest  without  being  charged  with 
the  slightest  offence  would  amount  to  a  decree 
of  perpetual  imprisonment,  if  no  person  from 
humane  feelings  had  been  allowed  to  interfere, 
and  no  counsel  allowed  to  bring  their  case 
before  the  tribunals  of  the  country. 

"If  the  police  officers  of  the  second  munici- 
pality expect  to  escape  exposure  by  their 
attempts  to  light  up  the  torch  of  suspicion 
against  others,  and  to  continue  their  unlawful 
and  inhuman  conduct  towards  their  prisoners 
with  impunity,  they  will  be  mistaken.  The 
legislature  is  composed  of  slaveholders,  who 
understand  their  rights  and  their  interest  too 
well  to  permit  such  abuses.  They  will  enquire 
into  the  matter  and  make  all  obedient  to  the 
requirements  of  the  law. 

"JACOB  BARKER." 

On  the  failure  of  the  bank  which  had  built 
the  St.  Charles  Hotel  at  New  Orleans,  Mr. 
Barker,  being  a  large  creditor,  procured  an 
act  of  the  legislature  to  have  the  hotel  sold  to 
pay  the  debts  of  the  bank;  in  this  way  he 
became  the  owner  of  nearly  one-half  the  cele- 
brated St.  Charles  Hotel,  which  was  burned 
in  18ol.  From  the  materials  of  which  it  was 
built,  and  its  position,  three  sides  open  to  the 
street,  where  the  engines  could  operate  without 
obstruction,  and  a  supply  of  water  at  hand,  it 
was  believed  that  a  fire  could  not  damage  it 
more  than  one  hundred  thousand  dollars,  that 
amount  only  was  insured.  It  has  been  rebuilt 
at  a  cost  of  more  than  $400,000;  consequently 
the  actual  loss  was  very  great,  from  which  the 
old  stockholders  in  a  great  degree  escaped,  as 
they  refused  to  undertake  its  rebuilding,  in 
relation  to  which  the  following  proceedings 
were  had: 


REBUILDING   OF    THE    ST.    CHARLES    HOTEL. 


223 


THE   REBUILDING    OF   THE  ST.   CHARLES    HOTEL. 

A  large  meeting  of  citizens  was  held  last 
evening,  pursuant  to  a  notice,  at  the  Mer- 
chants' Exchange,  to  adopt  measures  for  the 
prompt  rebuilding  of  the  St.  Charles  Hotel. 

On  motion  of  Mr.  C.  Fellowes,  Mr.  John  M. 
Bell  was  appointed  chairman,  and  W.  S.  Pickett 
secretary. 

Mr.  Bell,  on  taking  the  chair,  delivered  a 
neat  and  appropriate  speech,  returning  his 
thanks  for  the  compliment,  and  explaining 
briefly  the  object  of  the  meeting.  He  re- 
marked, in  conclusion,  that  he  thought  the 
merchants  and  citizens  could  take  no  steps  in 
the  matter,  with  propriety,  until  the  views  of 
the  present  company  could  be  ascertained. 
He  saw  that  Mr.  Egerton  was  present,  and, 
presuming  that  he  was  acquainted  with  the 
wishes  of  the  present  board  of  directors,  he 
hoped  he  would  present  them. 

Mr.  Egerton  remarked  that  he  did  not  feel 
authorized  to  speak  the  views  and  wishes  of  the 
company,  but  would  give  his  own  as  one  of  the 
stockholders,  and  a  member  of  the  board  of 
directors,  elected  that  day.  He  said  he  had 
stated  distinctly  that  he  would  not  serve  unless 
it  was  the  intention  of  the  company  to  rebuild 
the  hotel  without  delay;  and  he  believed  that 
but  one  feeling  existed  among  the  members  of 
the  present  company.  He  stated  that  the 
charter  authorized  the  sale  of  twenty  thousand 
shares  of  stock  of  twenty-five  dollars  each; 
that  thirteen  thousand  five  hundred  had  been 
sold,  and  the  company  found  it  unnecessary  to 
sell  the  remaining  six  thousand  five  hundred 
shares.  One  thousand  of  the  shares  sold  had 
been  bought  in  for  account  of  the  company, 
leaving  seven  thousand  five  hundred  shares 
unsold.  He  thought  these  might  now  be 
offered  for  sale,  and  that  the  proceeds,  with  the 
amount  to  be  collected  from  the  insurance 
offices,  with  the  foundations  already  laid,  and 
the  old  materials,  would  be  nearly  or  quite 
sufficient  to  rebuild  the  hotel.  He  knew  the 
pride  which  was  felt  in  it  by  our  citizens 
generally.  It  was  the  most  beautiful  edifice 
he  had  ever  seen,  and  constituted  the  chief 
ornament  of  our  city.  Its  celebrity  was  not 
confined  to  the  south,  nor  even  to  this  country, 
but  extended  to  almost  every  part  of  the  civil- 
ized world.  He  had  no  doubt,  therefore,  that 
our  ciuzens  would  have  it  rebuilt,  if  they  had 
to  do  it  by  subscriptions  and  voluntary  contri- 
butions; that,  however,  would  not  be  necessary. 

Mr.  Jacob  Barker,  having  appeared  and 
taken  his  seat  in  the  meeting  while  Mr.  Eger- 
ton was  speaking,  when  he  concluded,  was 
called  on  for  his  views.  He  said  he  repre- 
sented a  majority  of  the  stock  of  the  present 
company,  but  he  had  not  been  authorized  to 
speak  for  the  stockholders  he  represented — he 
could  only  speak  for  himself. 

He  was  one  of  the  stockholders,  and  the 
secretary  of  the  board  of  directors,  and  he  was 
willing  and  anxious  to  resign  and  to  sell  out 


his  stock.  He  thought  this  would  be  the  wish 
of  all  the  stockholders,  and  that  it  would  be 
best  for  them  to  do  20,  and  to  allow  a  new 
company  to  be  formed,  in  which  they  would 
become  new  stockholders  to  a  liberal  amount. 
He  thought  the  hotel  might  be  rebuilt  without 
going  in  debt.  He  was  opposed  to  going  in 
debt;  pay-day  would  come  bye-and-bye,  and 
he  had  no  opinion  of  getting  into  the  hands  of 
the  sheriff.  The  company  owed  compara- 
tively nothing.  The  books  were  all  posted 
and  balanced,  to  a  cent.  He  thought  that  to 
require  the  new  subscribers  to  pay  $23  per 
share  for  stock,  while  the  value  of  that  held  by 
the  present  company  is  only  $12  50  to  $14 
per  share,  appeared  to  be  so  unreasonable  that 
he  could  not  expect  it  to  be  agreed  to.  For 
one,  as  a  new  subscriber  he  would  not  agree  to 
it,  and  he  should  blush  to  require  such  terms 
as  one  of  the  present  stockholders. 

Subscribers,  said  he,  for  the  whole  20,000 
shares,  as  per  charter,  at  $12  50  per  share, 
would  leave  $100,000  of  the  amount  with  the 
company,  for  the  8,000  shares  reserved  stock, 
in  addition  to  the  $10,000  expected  to  be 
received  from  insurance  companies.  Thus, 
the  company  would  have  the  land,  the  founda- 
tions, and  the  materials,  liable  only  for  $94,000, 
payable  in  May,  1855,  with  seven  per  cent, 
interest,  payable  half-yearly. 

By  this  arrangement,  he  said,  the  new 
directors  will  have  $100,000  in  hand  with 
which  to  commence  the  building.  The  other 
$100,000  would  not  be  wanted  in  less  than 
four,  six,  and  eight  months,  and  the  present 
stockholders  would  probably  give  a  credit  on  a 
part  of  the  purchase  of  their  stock,  and  would 
also  be  likely  to  become  new  subscribers,  on 
the  same  terms  mth  their  neighbors,  to  a  rea- 
sonable amount;  but  he  said  he  only  spoke  for 
those  he  represented — not  as  a  director,  but 
with  a  confident  belief  that  all  would  agree  to 
those  terms.  Very  little  money  would  be 
required  on  making  the  subscriptions. 

At  the  close  of  Mr.  Barker's  remarks,  which 
were  received  with  much  applause, 

Mr.  F.  A.  Lumsden  rose  and  offered  the 
following  resolutions: 

Resolved,  That  a  committee  of  seven  disin- 
terested persons  be  appointed  by  the  chairman 
of  this  meeting,  to  ascertain  what  arrangements 
can  be  made  with  the  present  stockholders  of 
the  St.  Charles  Hotel  Company,  relative  to 
disposing  of  their  shares  in  the  stock  of  said 
company,  and  further  to  ascertain  their  views 
relative  to  disposing  of  their  charter,  site, 
foundations,  materials,  etc.,  and  that  said  com- 
mittee report  to  an  adjourned  meeting. 

Resolved  further,  That  said  committee  be 
instructed  to  inquire  and  report  what  means 
are  necessary  to  reconstruct  the  St.  Charles 
Hotel. 

On  motion  of  Mr.  Wm.  Henderson,  the 
blank  was  filled  with  Wednesday  evening,  at 
six  o'clock.     The  resolution  was  then  adopted. 


224 


LIFE    OF   JACOB    BARKER. 


The  chair  then  appointed  the  following 
gentlemen  to  be  of  the  committee: 

F.  A.  Lumsden,  H.  S.  Buckner,  W.  B. 
Partee,  J.  G.  Gaines,  W.  E.  Sewell,  J.  R. 
Marshall,  W.  W.  Montgomery. 

Mr.  Lumsden  requested  to  be  excused,  and 
James  J.  Day  was  appointed  in  his  place.  On 
motion,  the  chairman  was  added  to  the  com- 
mittee, and  the  meeting  adjourned  to  meet  on 
Wednesday  evening  next,  at  six  o'clock. 

This  plan  was  adopted,  and  the  hotel  re- 
built more  commodious  and  a3  magnificent  as 
ever,  with  the  exception  of  the  cupola,  which, 
some  day  or  other,  the  public  hope  to  see 
added.  Mr.  Barker  retained  very  little  interest 
in  it,  consequently  took  no  part  in  the  re- 
building. 

His  banking  operations  have  been  greatly 
restricted  by  the  passage  of  a  law  inhibiting 
individuals  from  issuing  bank  notes,  and  by 
the  deranged  state  of  financial  affairs  through- 
out the  nation;  this  restriction  Mr.  Barker 
approves,  although  he  believes  its  operation  on 
those  embarked  in  the  business  should  have 
been  deferred,  giving  them  reasonable  time  to 
wind  up  their  affairs  without  sacrifice,  and  es- 
pecially until  the  expiration  of  the  year  for 
which  the  State  and  city  had  granted  licenses 
and  received  the  heavy  tax  imposed  on  the 
business  for  the  full  year ;  in  place  of  which 
the  law  went  into  immediate  operation,  and 
Mr.  Barker's  bank  notes  all  promptly  redeemed 
with  specie. 
UNITED  STATES  BRANCH  MINT  AT  NEW  ORLEANS. 

Soon  after  Mr.  Barker  was  admitted  to  the 
bar,  he  was  applied  to  by  Mr.  Rufus  Tyler, 
coiner  of  the  United  States  Branch  Mint  at 
New  Orleans,  and  Mr.  James  Maxwell,  melter 
and  refiner — two  gentlemen  of  sterling  in- 
tegrity, with  scientific  attainments  of  the  first 
order — to  defend  them  against  complaints 
made  by  the  Superintendent  of  the  Branch 
Mint  to  the  Secretary  of  the  Treasury  of  the 
United  States  against  them.  Mr.  Barker, 
being  convinced  that  there  were  great  irregu- 
larities practised  at  the  Branch  Mint,  and  ihat 
the  cul]  1  le  parties  were  endeavoring  to  make 
these  two  unoffending  men  answerable  for  the 
sins  of  others,  embarked  in  their  cause. 
Proper  representation  was  made  to  the  govern- 
ment, with  a  request  for  investigation.  It  was 
ordered.  Thomas  Slidell,  esq.,  the  United 
States  district  attorney,  was  appointed  to  hear 


testimony  and  report  thereon.  The  Secretary 
of  the  Treasury  offered  to  employ  Mr.  Barker 
to  assist  in  the  investigation ;  he  declined  the 
service  lest  it  might  interfere  with  his  duty  to 
his  clients,  although  their  pecuniary  means 
would  not  enable  them  to  compensate  for  the 
services  their  case  required.  The  investiga- 
tion was  held  at  the  mint  daily  for  about  forty 
days  in  the  hottest  part  of  the  season,  meeting 
at  four  o'clock,  p.  m.,  and  continuing  often 
until  after  midnight.  Mr.  Barker  embarked 
with  his  accustomed  zeal,  and  followed  all  the 
witnesses  through  these  various  transactions, 
which  brought  to  light  irregularities  and  trans- 
actions of  a  very  exceptionable  character.  No 
one  circumstance  occurred  in  any  way  to  im- 
pugn the  conduct  of  either  Messrs.  Tyler  or 
Maxwell.  The  judge's  advocate  in  the  case, 
if  we  may  so  style  the  district  attorney,  was 
thoroughly  convinced  of  their  freedom  from 
offence,  and  that  those  who  complained  of 
them  were  unfit  for  the  stations  they  occupied. 
The  evidence  and  the  arguments  of  counsel 
were  transmitted  to  government,  Messrs.  Tyler 
and  Maxwell  sustained,  and  the  others  released 
from  the  employment.  Unfortunately,  both  of 
Mr.  Barker's  clients,  with  many  other  em- 
ployees at  the  mint,  became  the  victims  of  the 
yellow  fever  before  the  result  was  known,  their 
anxiety  about  which  greatly  contributed  to  the 
fatal  effect  of  the  fever.  Mr.  Barker  found  his 
reward  for  the  services  rendered  in  the  suc- 
cessful issue  of  the  combat,  establishing  the 
character  of  Messrs.  Tyler  and  Maxwell  to  be 
without  spot  or  blemish. 

YELLOW  FEVER. 
Mr.  Barker  having  occasion  to  attend  courtin 
a  neighboring  parish,  in  August,  1837,  when  the 
yellow  fever  was  raging  in  New  Orleans,  he,  not 
being  acclimated,  asked  his  physician,  Dr.  Kerr, 
for  a  prescription  to  take  with  him  to  be  used 
in  case  of  sickness;  the  Dr.  prepared  the 
medicine  with  instructions  under  no  circum- 
stances to  have  a  vein  opened ;  that  as  soon 
as  the  approach  of  the  enemy  was  perceptible, 
usually  indicated  by  a  chill,  to  resort  to  cup- 
ping of  the  head  and  ankle,  baths  of  warm 
water  strongly  impregnated  with  cayenne  pep- 
per and  mustard,  drinking  warm  lemonade,  and 
as  soon  as  the  skin  became  a  little  softened  to 
take  the  medicine.  Should  there  be  much 
pain  in  the  head  or  back,  which  is  usual,  ap- 


ANNEXATION    OF    TEXAS. 


225 


ply  ice  constantly;  refrain  from  all  food  save 
ice,  and  eat  as  much  of  that  as  your  inclina- 
tion dictates.  If  the  fever  continue  or  return, 
take  twenty  grains  of  calomel  the  following- 
day,  in  either  case  in  a  day  or  two  a  large  dose 
of  castor  oil.  Mr.  Barker  was  taken  at  Pla- 
quemine,  in  the  office  of  the  clerk  of  the  court. 
He  immediately  repaired  to  the  hotel,  pursued 
the  course  recommended  hy  Dr.  Kerr,  sending 
for  Dr.  Cummings,  a  highly  respectable  phy- 
sician of  that  place,  to  visit  him  with  his  cup- 
ping apparatus.  He  came,  said  he  had  no 
such  apparatus,  and  proposed  to  open  a  vein, 
which  Mr.  Barker  declined,  upon  which  the 
following  took  place: 

"  Sir,"  said  the  doctor,  u  you  are  a  very  sick 
man,  and  ought  to  have  some  medicine  im- 
mediately."' 

"  I  know  that,  but  not  until  I  have  been 
cupped/' 

u  Then,  for  what  have  you  sent  for  me?" 

"  To  cup  me." 

"  You  might  as  well  have  sent  for  a  barber." 

"  Provided  he  could  cup  me  as  well." 

Cupping  apparatus  not  being  found  in  Pla- 
quemine,  an  express  was  sent  to  Baton  Rouge. 
Dr.  Ogdeu  came  provided,  the  operation  was 
performed,  when  the  doctor  remarked: 

"You  are  a  very  sick  man,  and- ought  to 
take  some  medicine  immediately."  "  I  intend 
to  do  so,"  replied  Mr.  Barker,  "  for  which  pur- 
pose I  have  it  in  my  pocket."  "  I  suppose," 
said  the  doctor,  "  you  have  no  objection  to  let 
me  see  it,"  and  who,  having  seen  it,  said,  "I  do 
not  think  it  will  do  you  any  harm,  although  I 
should  not  give  you  half  the  quantity."  Mr. 
Barker  took  it,  believing  it  to  be  fifty  grains  of 
calomel,  when  the  doctor  remarked,  "  you  seem 
to  love  it."  "  Oh  no,"  said  Mr.  Barker,  "  I  do 
it  mechanically  because  it  was  to  be  done." 
The  prescriptions  answered  the  purpose  in- 
tended, and  Mr.  Barker  was  well  again  in  ten 
days,  and  recommends  to  persons  attacked  by 
the  yellow  fever,  whether  they  adopt  Dr.  Kerr's 
advice  or  not,  that  they  apply  to  the  stomach 
early,  and  at  all  stages  of  the  disease,  very 
large  poultices  of  green  okra  well  boiled, 
which,  if  not  to  be  had,  flaxseed  as  a  substi- 
tute. 

Modern  practice  favors  more  moderate  pre- 
scriptions, that  is,  castor  oil  in  lieu  of  calomel 
for  persons   of   slender   constitutions.     Con- 

15 


valescent  patients  should  refrain  from  indulg- 
ing their  returning  appetites  as  long  as  possi- 
ble, and  not  leave  their  beds  or  attempt  the 
least  exertion  until  fully  recovered,  lest  relapse 
should  be  brought  on,  which  is  frequently  the 
case,  and  much  more  dangerous  than  the  first 
attack.  Many  persons  have  fallen  victims  to 
this  acclimating  fever  from  omitting  the  pro- 
per remedies  until  it  got  too  deeply  seated, 
imagining  that  the  headache  or  chill  they  felt 
arose  from  a  slight  cold,  which  would  pass 
away  by  a  another  day,  in  place  of  which  it 
became  seated  beyond  medical  aid.  This  should 
admonish  all  to  make  battle  on  the  first  ap- 
proach of  the  enemy. 

TEXAS. 
The  nation  was  very  much  agitated  and  divi- 
ded in  opinion  on  the  subject  of  the  annexation 
of  Texas.  That  republic  was  struggling  with 
difficulties  that  seemed  insurmountable  with- 
out foreign  aid.  Money  was  what  she  wanted. 
Ten  millions  of  dollars  would  have  relieved  her 
from  all  embarrassments ;  leaving  a  sufficient 
surplus  to  have  established  her  nationality  on 
a  firm  basis.  She  sent  ministers  to  Europe  and 
offered  the  most  liberal  terms  for  money. 
France,  England,  and,  probably,  other  nations 
refused.  It  is  difficult  to  understand  this  short- 
sighted policy.  They  could  have  made  the 
loan  three-fourths  in  Texas  notes ;  purchased 
such  notes  at  an  average  of  twenty-five  cents 
on  the  dollar.  They  were  selling  in  the  United 
States,  in  large  amounts,  at  from  three  to  five 
cents  on  the  dollar,  consequently  a  loan  of  ten 
millions  would  not  have  subjected  them  to  an 
advance  of  over  half  that  sum  in  specie.  Great 
Britain  was  particularly  interested  in  the  ques- 
tion ;  and  by  making  the  loan  she  would  have 
prevented  annexation,  secured  the  independ- 
ence of  Texas,  and  a  commercial  treaty  giving 
her  great  advantages  with  a  country  capable 
of  receiving  all  her  surplus  population,  and 
after  the  lapse  of  some  years  furnishing  cotton 
sufficient  for  all  her  purposes,  relieving  her 
from  dependence  on  the  United  States  for  the 
article  so  necessary  to  her  existence. 

Had  these  advantages  been  acquired  they 
would  have  been  without  the  slaughter  of  her 
subjects  or  the  burning  of  gunpowder,  conse- 
quently wanting  in  that  glory  which  has  been 
in  too  many  cases  the  governing  principle. 

A  public  meeting  was  called  at  the  Arcade 


226 


LIFE    OF   JACOB    BARKER. 


to  express  the  Xew  Orleans  sentiment  in  re- 
lation to  annexation.  Mr.  Barker  attended,  by 
special  invitation,  and  made  the  following  re- 
marks: 

Mr.  Barker  said:  " Texas  must  be  ours — 
'peaceably  if  we  can,  forcibly  if  we  must' — 
pointing  out.  the  advantages  which  would  ac- 
crue to  the  northern  manufacturers  and  ship- 
owners from  annexation.  Yet  they  are  op- 
posed," he  said,  "  as  they  were  to  Jefferson's 
embargo  and  Madison's  war  in  vindication  of 
free  trade  and  sailors'  rights.  The  fanaticism 
of  these  men  on  the  subject  of  slavery,  and 
their  inordinate  thirst  for  political  power, 
triumphed  at  that  time,  as  it  does  now,  over 
their  known  appetite  for  gold,  as  is  too  plainly 
indicated  by  the  different  sentiments  put  forth 
now  and  previous  to  the  dictum  of  their  chief. 
The  enduring  patience  with  which  Calhoun 
and  the  whole  south  sustained  the  measures 
be  had  alluded  to,  while  their  crops  were  rot- 
ting on  their  plantations,  in  their  granaries, 
gin-houses,  and  purgeries,  won  his  whole  heart, 
and  he  was  most  happy  to  find  that  the  same 
feelings  pervade  bosoms  of  their  descendants, 
although  they  have  nothing  to  gain  but  the 
protection  of  our  frontier  and  the  preservation 
of  our  institutions,  while  the  eastern  manufac- 
turers are  to  enjoy  a  monopoly  of  the  whole 
consumption  of  Texas,  and  her  ship  owners 
the  earning  trade.  The  south  have  no  ships, 
and  especially  Louisiana  has  none.  The  proud 
Kentuckiau,  in  our  infancy,  hurled  defiance  at 
Great  Britain,  and  nobly  supported  the  battle 
until  it  was  crowned  with  victory;  and  shall 
we  now,  with  our  increased  population,  re- 
sources, and  prowess,  quail  before  Mexico, 
backed  by  the  lion  of  England  ?  Some  of  my 
hearers,"  said  Mr.  B.,  "being  much  younger 
than  I  am,  may  console  themselves  with  the 
belief  that  they  can  acquire  Texas  by  the  sword 
at  pleasure — delay  does  not  suit  the  tempera- 
ment of  my  mind  nor  my  age.  I  wish  to  see 
the  nail  clenched  before  it  is  too  late  for  me  to 
share  in  the  fun  or  the  fight.  I  have  not  a 
word  to  say  to  the  prejudice  of  Mr.  Clay,  or  of 
any  other  man,  but  to  urge  on  this  meeting 
the  necessity  of  filling  all  the  departments, 
Congress,  the  legislature,  and  the  convention 
with  the  friends  of  immediate  annexation. 
Annexation  is  to  be  brought  about  by  the 
power  of  public  opinion  ;  and  how  is  public 


opinion  to  be  known  if  not  manifested  by  the 
ballot  boxes  ?  I  do  not  come  here  the  advo- 
cate of  men,  but  of  measures.  I  speak  to 
whigs  and  to  democrats  the  same  language.  I 
say  to  you  all,  do  not  vote  for  a»>/  man,  for 
any  subordinate  situation,  who  is  not  known  to 
be  in  favor  of  immediate  annexation. 

11  If  Mr.  Clay  should  be  elected  President  he 
will  be  controlled  by  public  opinion  as  much 
as  Mr.  Polk,  and  I  am  persuaded  that  he  will 
be  found  as  willing  to  yield  to  it.  At  all  events, 
the  President,  whoever  he  may  be,  is  but  the 
servant  of  the  people,  and  he  must  be  con- 
trolled by  their  opinion. 

"Let  the  assent  of  Mexico  be  obtained,  as 
also  that  of  all  the  world,  if  possible ;  but  to 
make  the  consent  of  any  nation  on  earth  other 
than  Texas  necessary,  would,  after  having 
acknowledged  her  independence,  be  highly  dis- 
honorable." 

Mr.  Barker  adverted  to  the  increased  duty 
in  England  on  sugar  from  slaveholding  States 
over  that  from  free  States,  and  said  :  "Britain's 
course  was  onward — she  never  receded  ;  she 
was  not  a  nation  to  retrace  her  steps.  The 
next  thing  would  be  a  discriminating  duty  of 
3d.  sterling  per  pound  on  cotton,  as  a  reward 
to  Texas  for  inhibiting  slavery,  in  case  we  re- 
ject her  overtures  for  anuexatiou.  '  Where, 
then,  will  be  the  value  of  our  cotton  planta- 
tions? She  attempted  this  by  encouraging  the 
culture  of  cotton  in  India;  but  the  soil,  the 
climate,  the  want  of  operatives  possessing  that 
information  which  was  necessary  for  success, 
and  especially  the  length  of  the  voyage  and 
consequent  high  rate  of  freight,  defeated,  for  a 
season,  her  humane  intentions  on  her  too  suc- 
cessful rival.  The  Territory  of  Texas  borders 
on  Red  river,  which  empties  itself  into  the 
oeean  through  the  Mississippi.  Her  fleets, 
therefore,  have,  according  to  the  laws  of  na- 
tions, equal  rights  with  ourselves  to  navigate 
both  rivers ;  and  if  we  refuse  annexation  her 
necessities  may  induce  her  to  throw  herself 
into  the  kind  embraces  of  Britain  ;  and  how 
would  you  like  to  see  British  fleets  navigating 
these  rivers  with  equal  authority  with  our  own? 
Let  this  take  place  and  where  would  we  quickly 
find  ourselves?" 

Mr.  Barker  dwelt  on  other  subjects  to  the 
great  satisfaction  of  the  meeting,  and  closed 
by  commending  the  ability,  ardor,  and  patriot- 


DEFENCE  OF  GENERAL  TAYLOR. 


227 


ism  of  Mr.  Calhoun  in  supporting  the  war  of 
1812,  and  of  his  continuing  willing  again  to 
encounter  the  same  lion  which  he  had  then 
helped  to  vanquish;  and  said  that  his  voice  in 
1848,  if  he  lived  so  long,  should  be  for  Calhoun 
for  the  next  President,  even  if  he  should  find 
himself  the  only  advocate  left. 

The  enthusiasm  manifested  by  the  meeting 
at  the  mention  of  Mr.  Calhoun  as  the  Presi- 
dential candidate  for  the  next  canvass  made 
the  welkin  ring. 

GENERAL  TAYLOR. 

Texas  was  annexed;  taking  possession  oc- 
casioned the  war  with  Mexico,  the  effect  of 
which  was  a  vast  expenditure  of  money  and 
the  depreciation  of  the  market  price  of  the 
government  securities,  causing  a  great  derange- 
ment in  the  finances  and  commerce  of  the 
nation,  which  enabled  the  opponents  of  the 
war  to  mislead  the  public,  and  obtain  a 
majority  in  the  House  of  Representatives  who 
were  not  likely  to  continue  the  war  to  a  suc- 
cessful termination.  Therefore,  numerous 
democrats  throughout  the*  nation,  believing 
their  numbers  sufficiently  large  with  the  aid  of 
either  of  the  great  political  parties  to  control 
the  selection  of  President,  nominated  General 
Taylor,  in  the  hope  that  both  parties  would 
unite  therein  in  preference  to  defeat,  which 
seemed  to  await  the  party  who  might  oppose 
the  election  of  an  independent  candidate. 
General  Taylor  was  then  successfully  conduct- 
ing the  war  as  commanding  general,  who  had 
publicly  announced  that  he  would  not  be  the 
candidate  of  any  party,  and  was  believed  not 
to  have  ever  voted  or  taken  part  in  politics. 

A  convention  of  the  advocates  of  this 
measure  residing  in  Louisiana  was  resolved 
upon.  Mr.  Barker  was  appointed  one  of  the 
delegates  ;  the  meeting  was  of  very  short  dura- 
tion, and  conducted  in  a  very  unsatisfactory 
manner  to  the  friends  with  whom  it  originated, 
each  party  in  the  convention  wishing  to  give 
it  such  a  character  as  would  be  likely  to  in- 
fluence the  coming  administration  in  their 
favor.  No  opportunity  having  been  presented 
at  the  meeting  for  a  calm  explanation,  Mr. 
Barker,  immediately  upon  its  adjournment, 
caused  to  be  published  in  the  New  Orleans 
Commercial  Times  the  views  he  intended  to 
have  expressed  in  the  convention,  which  were 
as  follows : 


"Mr.  President:  The  spirit  of  the  pre- 
•  and  resolutions  adopted  are  very  good 
so  far  as  they  go,  but  they  seem  to  evade  the 
great  question  at  issue — '  the  vigorous  prosecu- 
tion of  the  war  until  ■  le  peace  can  he 
obtain*                                      f 

"  We,  however,  were  not  sent  here  to  nomi- 
nate a  candidate  for  the  presidency.  The 
people  have  done  that  for  themselves.  We 
were  sent  here  to  further  such  nomination. 
The  momentous  question,  whether  they  be 
allowed  to  decide  for  themselves  or  be  subject 
to  certain  cliques  and  managers,  is  now  to  be 
tried;  Wall  street  hoots  at  the  idea  to  sever 
the  shackles  of  party.  It  has  the  money,  and 
we  have  the  physical  force.  We  shall  see  who 
will  prevail  in  this  contest.  Our  opponents 
are  not  suited  to  the  emergency  of  the  times. 
What  sort  of  battle  do  you  suppose  they  would 
have  made  had  they  composed  the  army  at  the 
battle  of  Palo  Alto  or  Buena  Vista?  They 
may  be  very  good  auctioneers,  but  we  will  let 
them  know  we  are  not  to  be  knocked  off  for 
gold  like  so  many  chests  of  tea.  Jefferson 
said  that  large  cities  were  sores  on  the  body 
politic.  Some  of  our  friends  indulge  the  idea 
that  General  Taylor  will  be  nominated  by  the 
Baltimore  or  Philadelphia  convention.  1  hope 
both  conventions  will  nominate  him,  and  thus 
end  all  political  controversy.  Yet  it  would  be 
preposterous  for  the  friends  of  General  Taylor 
to  take  part  in  sending  delegates  to  either  con- 
vention. If  they  did  they  would  be  compro- 
mised, aud  bound  to  support  such  candidates 
as  should  be  nominated,  whether  they  be 
Taylor,  Clay,  Cass,  Calhoun,  or  Van  Buren. 
Now,  as  we  mean,  under  all  circumstances,  to 
support  the  election  of  General  Taylor,  we 
cannot  take  part  in  any  new  nomination.  The 
work  has  been  done  by  the  people,  and,  being 
well  done,  we  will  not  allow  it  to  be  disturbed. 

"  The  best  man  in  the  nation  has  been  put 
forth  as  the  candidate.  With  such  a  chief,  we 
shall  be  excused  for  being  a  little  clannish, 
and  for  indulging  in  a  little  State  pride.  Look 
at  Virginia,  in  regard  to  Washington,  Jefferson, 
and  Madison;  South  Carolina,  in  regard  to 
Mr.  Calhoun ;  Kentucky,  in  regard  to  Mr. 
Clay ;  New  York,  in  regard  to  Messrs.  Tomp- 
kins, Clinton,  and  Van  Buren :  and  Massa- 
chusetts, in  regard  to  Mr.  Webster ;  and  will 
not  Louisiana  exhibit  on  this  occasion  as 
much  zeal  and  fidelity  to  the  man  whom  all 
admit  to  be  the  noblest  work  of  God,  'honest.' 
intelligent,  and  brave — the  man  v. horn  we  are 
all  proud  to  call  a  citizen  of  Louisiana.  Why 
hesitate  on  this  war  question  ? 

"  Our  opponents  have  boldly  put  forth  oppo- 
sition to  the  war,  and  mean  to  fight  the  battle 
on  that  ground.  They  have  thrown  down  the 
glove ;  let  us  pick  it  up,  aud  as  boldly  bid 
them  to  arms  on  that  point.  We  cannot  suc- 
ceed on  any  other.  An  open,  fearless,  decisive 
course,  is  the  only  one  that  will  find  favor  with 
the  American  people.     Any  one  who  looks  for 


228 


LIFE   OF   JACOB   BARKER. 


success  on  any  other  ground  will  find  himself 
disappointed.  What  carried  us  through  the 
revolution  but  the  Declaration  of  Indepen- 
dence ?  Did  we  not  put  an  end  to  the  impress- 
ment of  our  seamen  by  boldly  declaring  war, 
and  sustaining  that  war  by  hard  fighting? 
And  what  settled  our  account  with  France  but 
General  Jackson's  saying  to  the  king  that  if 
he  did  not  pay,  '  we  will  pay  ourselves  from 
your  ships  found  on  the  ocean.' 

'•  I  consider  General  Taylor  the  bpst  man 
to  conduct  the  war,  if  an  honorable  peace 
cannot  be  obtained ;  and  the  most  likely  to 
obtain  an  honorable  peace,  if  the  thing  be  pos- 
sible. With  these  opinions  I  come  to  this  con- 
vention, and,  I  presume,  every  member  came 
with  the  same  view.  We  claim  to  represent 
the  peace  party,  always  preferring  peace,  but 
ever  ready  for  war.  Those  most  anxious  for  a 
speedy  and  honorable  peace  believe  it  can  be 
obtained  by  hard  fighting,  and  not  otherwise, 
and  that  all  other  questions  are  of  minor  im- 
portance, and  should  be  deferred  until  the  war 
is  over.  We  are  not  to  be  diverted  by  ques- 
tions of  tariff  or  free  trade,  bank  or  currency, 
sub-treasury,  public  lands,  internal  improve- 
ments, or  the  exercise  of  the  veto  power. 

"  Our-  opponents,  for  the  purpose  of  embar- 
rassing the  operations  of  the  war,  discuss  all 
the  great  points  of  political  economy.  They 
put  forth  the  opinions  of  their  great  leader, 
Mr.  Clay,  and  demand  his  support,  because  he 
has  often  been  before  the  people  for  the  same 
office — a  reason  totally  insufficient.  It  pre- 
supposes that  we  incur  an  obligation  by  voting 
for  an  individual  to  do  the  like  again,  when,  if 
there  be  auy  obligation,  it  must  be  on  the  part 
of  the  candidate.  The  idea  of  any  individual 
pretending  a  claim  is  revolting,  and  of  itself 
furnishes  a  good  reason  for  leaving  him  at 
home,  in  the  enjoyment  of  quiet  retirement, 
the  moment  a  claim  is  preferred.  Further, 
the  principle  of  rotation  in  office  renders  it  in- 
expedient for  any  individual  to  monopolize  all 
the  honors  of  his  country. 

"Mr.  Clay  is  undoubtedly  a  great  man,  and  is 
entitled  to  much  credit  for  the  pertinacity  with 
which  he  seems  to  cling  to  the  long-cherished 
hope  of  inhabiting  the  White  House — this 
matter  of  hope,  together  with  that  of  sleep,  are 
the  kindest  institutions  of  Heaven. 

"  The  ground  on  which  Mr.  Clay,  in  his  Lex- 
ington speech,  has  invited  us  to  contest  the 
presidential  canvass,  is  not  suited  to  the  meri- 
dian of  the  south  and  of  the  west,  and  his 
friends  in  this  quarter  lament  that  he  should 
have  found  it  necessary  to  rely  on  the  fanatics 
of  the  north,  the  church-burners — called  natives, 
the  abolitionists,  and  the  defenders  of  the  Hart- 
ford convention.  With  them  the  south  can 
never  confederate.  I  do  not  perceive  any  dif- 
ference between  the  opposers  of  the  revolu- 
tionary war,  the  war  of  1812,  and  the  present 
war.  It  is  enough  that  our  country  is  at  war, 
to  enlist  the  support  of  every  patriot.     I  bid 


all  the  opposers  of  the  war  to  beware,  or  they 
will  have  handed  down  to  posterity  the  same 
indignant  feelings  towards  them  and  their 
memory  that  were  felt  by  our  fathers  towards 
the  tories  of  the  revolution,  and  as  the  present 
generation  feel  towards  the  advocates  of  the 
Hartford  convention.  Had  Mr.  Clay  come 
out  for  a  vigorous  prosecution  of  the  war,  the 
entire  south  and  west  would  have  gone  for 
him.  They  would  have  disregarded  all  other 
questions — the  pursuit  of  that  phantom,  free 
trade  without  reciprocity — the  tariff — the  cur- 
rency— the  independent  treasury  and  pet-bank 
system,  would  all  have  dwindled  into  insignifi- 
cance, and  past  opinions  have  been  forgotten — 
all  confiding  in  his  having  sufficient  wisdom  to 
adopt  his  opinions  to  the  state  of  things  as 
they  exist  when  called  on  to  act ;  although  it 
will  be  admitted  that  it  is  rather  difficult  to 
induce  old  men  to  abandon  pre-conceived 
opinions. 

"  In  this  we  have  a  remarkable  instance  in 
the  venerable  Albert  Gallatin — a  purer  man 
than  whom  never  lived — although  nearly  ninety 
years  of  age,  he  has  as  clear  an  intellect  and 
holds  as  vigorous  a  pen  as  when  the  snows  of 
but  half  as  many  winters  whitened  his  brow. 
I  have  known  him  nearly  fifty  years,  the  same 
cool,  calculating«head,  the  friend  of  Jefferson, 
and  the  pride  of  the  democratic  party,  to  whom 
and  to  whose  opinions  every  consideration  is 
due,  quite  as  much  so,  as  if  he  had  been  born 
in  any  of  the  old  thirteen  States.  Let  light 
come  from  whatever  quarter  it  may,  our  win- 
dows should  not  be  closed,  the  light  is  not  to 
be  shut  out;  aud  I  sincerely  hope  that  there 
has  been  some  mistake  in  the  publication  of 
the  remarks  made  in  the  Senate  of  the  United 
States  by  the  Hon.  Solomon  W.  Downs,  of 
Louisiana.  If  there  has  not  been  an  error,  the 
friends  of  Solomon  will  question  his  wisdom, 
He  should  have  remembered,  that  but  for  the 
votes  of  adopted  citizens  he  would  not  occupy 
the  seat  with  which  he  is  now  honored,  and 
that  if  such  should  be  supposed  to  be  the 
opinions  entertained  by  the  democratic  party, 
the  days  of  their  ascendancy  would  be  num- 
bered. However,  I  undertake  to  say,  that 
there  is  not  a  single  democrat  in  Louisiana, 
and  very  few  in  the  United  States,  who  are  not 
ready  to  rebel  against  the  doctrine  said  to  have 
been  put  forth  by  Senator  Downs.  The  im- 
mortal Washington  did  not  think  foreign  birth 
any  reason  for  turning  a  deaf  ear  to  the  coun- 
sel of  Hamilton,  Lafayette,  Montgomery,  or 
Kosciusko;  nor  did  Louisiana,  when  she  ele- 
vated Judge  Porter,  Soule,  Benjamin,  and 
Peters,  to  places  of  great  distinction,  inquire 
the  places  of  their  birth.  Those  styling  them- 
selves Native  Americans  have  lighted  up  a 
flame  of  indignation  in  the  bosom  of  every 
adopted  citizen  in  the  United  States  which  can- 
not be  extinguished  during  the  present  genera- 
tion. 

"  Mr.  Gallatin  knows,  as  well  as  auy  man  in 


DEFENCE   OF   GENERAL    TAYLOR. 


229 


the  world,  the  necessity  to  economize  our 
national  resources,  and  to  protect  the  public 
funds  from  the  inordinate  appetite  of  the  sur- 
rounding multitude.  He  had  the  same  praise- 
worthy feeling  during  the  last  war,  and  knew 
full  well  that  money  was  the  sinew  of  war; 
and  that  if  that  failed,  dismay  and  disgrace 
would  soon  follow.  He  is,  however,  mistaken 
in  putting  down  as  lost  the  time  of  the  men, 
and  the  supplies  they  draw  from  their  own 
country;  he  might  as  well  denominate  our 
home-market  a  loss  to  the  nation  of  all  we  con- 
sume. So  long  as  our  own  agricultural  pro- 
ducts are  more  than  sufficient  to  supply  our 
wants,  diverting  a  portion  of  the  labor  to  other 
objects  is  not  injurious.  It  probably  has  not 
occurred  to  him  that  a  crop  of  1,500,000  bales 
of  cotton  will  yield  to  the  planter  more  money 
than  a  crop  of  3,000,000;  and  nearly  the  same 
ratio  with  most  other  articles.  Mr.  Gallatin 
does  not  seem  to  have  recollected  that  our 
population  and  resources  have  nearly  tripled 
since  he  was  at  the  head  of  the  treasury.  The 
power  of  resuscitation  of  the  American  people 
is  great,  beyond  the  most  sanguine  calculations 
of  the  best  informed  among  us;  and  I  would 
say  to  him,  as  well  as  to  Messrs.  Clay,  Calhoun, 
and  Webster,  that  they  have  lived  to  see  a 
people  grow  up  and  come  forward,  who,  when 
called  on  to  resent  an  indignity  offered  to  some 
member  of  their  family,  v/ill  fly  to  battle,  and 
expose  their  lives,  without  stopping  to  count 
the  cost  of  the  pistols  necessary  for  the  mortal 
strife.  Whigs  and  democrats  have  alike  shared 
in  the  effects  of  the  present  war;  they  flew  to 
arms  at  their  country's  first  call,  and  are  in 
like  manner  covered  with  glory  by  deeds  of 
valor;  and  now,  when  their  ranks  are  thinned 
by  disease  and  death — by  the  slaughter  inci- 
dent to  hard-fought  battles — is  there  a  man 
with  a  real  American  heart,  who  will  leave  his 
father,  his  child,  his  brother,  his  relation,  or 
his  friend,  to  perish  in  a  foreign  country  by 
the  knife  or  the  lasso,  for  the  want  of  timely 
and  adequate  reinforcements  and  supplies  to 
preserve  the  trophies  already  won.  and  to  com- 
mand an  honorable  peace,  by  dispelling  the 
delusion  infused  into  the  Mexicans,  that  money 
cannot  be  obtained  to  continue  the  war? 

"We  cannot  recognize  any  distinction  between 
whigs  and  democrats,  any  more  than  we  can 
between  the  native  born  citizen  and  adopted 
citizen.  Gen.  Taylor  has  been  an  eye  witness 
of  the  cool,  persevering  bravery  of  the  Ger- 
man, of  the  impetuosity  and  determined  cour- 
age of  the  Irish.  They,  alike,  with  all  other 
citizens  of  this  republic,  have  marched  up  to 
the  cannon's  mouth  and  met  death  as  men 
never  before  encountered  the  grim  monster ; 
and  if  Gen.  Taylor  should  be  elected,  he  will 
spurn  from  his  presence  and  his  confidence 
the  man  who  should  dare  to  say  this,  that,  or 
the  other  applicant  for  executive  favor  is  whig, 
democrat,  or  a  foreigner  by  birth.  He  will 
not,  my  word  for  it,  permit  any  such  invidious 


distinctions  to  be  made.     Knowing  this,  the 

Germans,  the  Irish,  and  every  other  patriot, 
will  vie  with  each  other  in  the  strife  of  who 
shall  do  most  to  further  the  election  of  Gen. 
Taylor.  They  will  march  up  to  the  ballot-box 
with  the  same  ardor,  the  same  enthusiasm,  as 
their  countrymen  cut  their  way  through  the 
enemy's  ranks  at  Palo  Alto  and  Monterey. 
They  will  not  forget  that  their  victorious  chief 
was,  notwithstanding  these  splendid  achieve- 
ments, not  allowed  to  command  a  division  of 
the  army  under  Scott;  in  place  of  which,  he 
was  shorn  of  the  flower  of  his  troops,  and 
recommended  to  retire  within  the  walls  of 
Monterey,  and  there  to  defend  himself.  This 
he  declined,  preferring  the  open  field,  and  to 
encounter  with  his  volunteers  four  times  their 
number.  There  he  met  them  commanded  by 
Santa  Anna  in  person;  and  with  his  sword,  at 
the  battle  of  Buena  Vista,  carved  out  an  an- 
swer to  all  those  who  doubted  his  superiority — 
a  battle  which  has  not  any  equal  on  the  page 
of  history.  It  surpasses  those  of  Bonaparte 
and  Wellington ;  and  if  such  deeds  of  daring 
valor  had  been  achieved  under  a  monarchical 
form  of  government,  dukedoms,  principalities, 
and  the  imperial  diadem,  would  have  been  the 
reward,  in  place  of  which  we  have  only  our 
affections,  our  confidence,  and  our  respect  to 
confer.  And  is  there  an  American  who  will 
withhold  these  from  Gen.  Taylor?" 

The  following  remarks  of  a  friend  at  the 
period  iu  question  will  be  read  with  interest  by 
politicians: 

u  When  we  consider  the  immediate  causes 
which  led  to  the  election  of  General  Zachary 
Taylor,  and  the  prominent  part  taken  therein 
by  Mr.  Barker,  we  cannot  resist  the  conclusion 
that  that  gentleman,  together  with  those  of  his 
old  political  associates  and  friends  who  acted 
with  him,  must  have  been  sadly  disappointed, 
and  that  they  regret  the  course  which  has  been 
pursued  by  the  present  administration. 

"They,  however,  say  that  if  they  had  known 
what  would  have  been  the  result,  yes,  more,  if 
they  had  known  that  the  first  fruits  of  the  elec- 
tion of  General  Taylor  would  have  been  the 
removal  of  every  democratic  officeholder  and 
the  appointment  of  the  ranke-  to  the 

places  thus  made  vacant,  they  still  would  have 
supported  his  election  ;  because  those  now  in 
power  hold  office  but  for  four  years,  when  the 
democracy  of  the  laud  will  be  sure  to  re-estab- 
lish their  ascendancy,  and  when  a  clean  sweep 
will  be  made;  because,  if  General  Cass  had 
been  elected,  the  many  drones  who  were  in 
office  would  not  have  been  removed  ;  because, 
when  they  embarked  for  the  election  of  General 
Taylor,  the  opposition,  by  deceiving  the  people, 
were  gaining  an  ascendancy  that  threatened  to 
prolong  the  war,  by  withholding  supplies,  and 
thus  force  our  gallant  army  to  retreat  and  in- 
gloriously  withdraw  from  Mexico  ;  because  the 
opposition   had   obtained   a   majority  in   the 


230 


LIFE     OP   JACOB    BARKER. 


House  of  Representatives  of  the  United  States, 
anil  their  leaders  had  advised  the  withholding 
the  requisite  supplies  for  the  prosecution  of  the 
war  until  the  administration  should  explain 
and  define  their  object  in  its  further  prosecu- 
tion. 

"  Under  these  circumstances  the  independent 
men  of  both  parties  deemed  it  to  be  of  the  first 
importance  to  break  down  an  opposition  so  un- 
holy, and  knew  that  it  could  be  done  by  con- 
straining the  whigs  to  support  General  Taylor 
for  the  presidency,  (he  having  done  more  to 
promote  the  success  of  the  war  than  any  other 
citizen,)  and  they  did  it  effectually. 

"When  the  Philadelphia  convention,  acting 
under  such  constraint,  nominated  General  Tay- 
lor, because  they  considered  him  the  most 
available,  seven  eighths  of  the  whig  party  pre- 
ferred Mr.  Clay;  yet  a  sufficient  number  of 
them  swallowed  the  pill,  bitter  as  it  was,  in 
order  to  ensure,  with  the  co-operation  of  the 
independent  party,  the  election  of  General 
Taylor,  who,  notwithstanding  the  aid  of  his  in- 
dependent friends,  came  out  of  the  urn  a  minor- 
ity President,  so  far  as  the  popular  vote  was 
concerned. 

"He  was  elected  by  only  five  majority,  by 
electors  chosen  by  the  people;  and  as  Loui- 
siana gave  six  votes,  she,  a  democratic  State, 
may  be  considered  to  have  decided  the  ques- 
tion, and  the  first  act  of  General  Taylor  was 
to  exclude  her  citizens,  as  well  as  those  of 
New  York,  from  a  seat  in  his  cabinet,  urging 
that  as  the  President  and  Vice  President  came 
from  those  States  they  had  a  full  proportion 
and  influence  in  the  administration — a  most 
unwise,  injudicious,  and  unjust  proscription. 

"The  public  were  entitled  to  the  services  of 
the  best  men,  without  reference  to  the  place  of 
their  residence ;  and,  independent  of  this,  the 
citizens  of  Louisiana,  and  of  New  York,  ought 
not  to  have  been  thus  proscribed,  and  ike  selec- 
tions for  minor  offices  should  have  been  made 
according  to  General  Taylors  often  reiterated 
principles,  irrespective  of  party  distinctions. 

"Had  this  been  done,  an  administration 
favorable  to  impartial  appointments  would 
have  been  continued  for  many  terms,  whether 
General  Taylor  wished  to  be  re-elected  or  not. 
It  is  to  be  presumed  that,  at  his  time  of  life,  he 
will  prefer  retirement  to  the  perplexities  and 
responsibilities  of  an  office  which  cannot  add 
renown  to  the  glory  which  already  surrounds 
him. 

"His  election  lias  had  the  happy  effect  of 
giving  character  to  his  military  exploits,  which 
have  immortalized  him  as  the  greatest  captain 
of  the  age,  and  this  is  worth  to  the  nation  more 
than  all  the  offices  within  the  gift  of  any  ad- 
ministration— a  re-election  cannot  add  any- 
thing to  such  glory.  And  if  it  were  otherwise, 
the  great  body  of  the  independent  party  are 
committed  to  the  one-term  principle,  Mr.  Bar- 
ker in  particular,  he  having  presided  at  a  demo- 
cratic meeting,  held  in  New   York,  at  which 


resolutions   to    that   effect   were   unanimously 
passed. 

"As  to  who  fills  the  various  offices  the  peo- 
ple at  large  have  not  any  other  interest  therein 
than  that  the  men  selected  should  be  the  best 
and  the  most  competent  to  perform  the  duties 
required.  Had  that  rule  been  observed,  and 
the  men  taken  from  the  masses  irrespective  of 
political  parties,  the  supposed  opinions  of  Gen- 
eral Taylor  would  have  been  fulfilled  ;  and  even 
if  nine-tenths  of  the  men  appointed  to  office 
had  been  whigs,  the  administration  would  have 
been  popular  had  they  made  ten  times  as  many 
removals  as  they  have  done.  As  it  is,  the  ad- 
ministration cannot  maintain  their  rule,  and  it 
is  not  to  be  supposed  that  any  sensible  man 
will  doubt  the  power  of  the  united  democratic 
party  to  regain  their  wonted  ascendancy. 

"The  New  York  Herald,  of  the  7th  August, 
1849,  put  forth  some  very  judicious  remarks 
on  the  course  of  the  administration.  This 
paper  may  be  considered  to  have  given  to 
General  Taylor's  election  more  efficient  support 
than  any  other  journal  in  the  United  States. 
It  was,  in  fact,  the  most  serviceable  in  its  truly 
independent  course,  heralding  the  victories  and 
the  merits  of  the  h£ro  of  Buena  A'ista,  and  in 
a  thousand  ways  leading  public  opinion  to  the 
belief  that  he  would  be  elected ;  for  on  that 
belief  depended  his  election,  as  a  vast  propor- 
tion of  the  floating  population  are  greatly 
pleased  with  all  opportunities  of  throwing  up 
their  caps  and  shouting  victory  1  victory  !  and 
if  you  once  make  the  electors  believe  that  any 
particular  candidate  will  be  elected,  he  is  sure 
to  succeed." 

General  Taylor  was  nominated  by  the  whig 
convention  at  Philadelphia;  General  Cass  was 
nominated,  about  the  same  time,  by  the  demo- 
cratic convention  at  Baltimore.  Messrs.  Clay 
and  Van  Buren,  having  unfortunately  come 
out  in  the  public  papers  against  the  annexa- 
tion of  Texas,  were  set  aside  by  their  respec- 
tive parties;  immediately  after  which,  Mr. 
Barker,  having  embarked  in  this  cause,  united 
with  other  independent  democrats  in  calling  a 
meeting,  to  be  held  on  the  24th  of  June,  1847, 
of  those  favorable  to  the  election  of  General 
Taylor,  and  prepared  the  following  resolutions, 
with  the  intention  of  offering  them  for  the  con- 
sideration of  the  meeting.  They  were  not 
presented,  on  account  of  the  tumultuous 
character  of  the  meeting.  Persons  from  both 
of  the  old  political  parties  attended,  deter- 
mined that  no  business  should  be  done;  the 
one  wished  to  prevent  democrats  from  voting 
for  General  Taylor — the  other  wishing  to  no 
him  wear  the  livery  of  the  whig  party. 


ELECTION    OF    GENERAL    TAYLOR. 


231 


RESOLUTIONS. 

Resolved,  That  this  meeting  concur  in  the 
sentiments  expressed  in  the  proceedings  of  a 
meeting  of  the  friends  of  the  election  of 
General  Taylor,  held  at  Philadelphia  on  the 
6th  of  October  instant. 

Resolved,  That  it  is  the  duty  of  every  branch 
of  the  government  to  enforce  and  practice  the 
most  rigid  economy  in  conducting  our  public 
affairs,  and  that  no  more  revenue  ought  to  be 
raised  than  is  required  to  defray  the  necessary 
expenses  of  the  government,  and  for  the 
gradual  but  certain  extinction  of  the  debt 
created  by  the  prosecution  of  a  just  and  neces- 
sary war —  peaceful  relations  having  been 
restored. 

Resolved,  That  the  separation  of  the  moneys 
of  the  government  from  local  banks  is  indis- 
pensable for  the  safety  of  the  funds  of  the 
government  and  the  rights  of  the  people. 

Besolv  d,  That  the  liberal  principles  em- 
bodied by  Jefferson  in  the  Declaration  of 
Independence,  and  sanctioned  in  the  Constitu- 
tion, which  makes  ours  the  land  of  liberty  and 
the  asylum  of  the  oppressed  of  every  nation, 
are  cardinal  principles  of  our  faith;  and  every 
attempt  to  abridge  the  present  privilege  of 
becoming  citizens  and  owners  of  soil  among 
us  ought  to  be  resisted  wfth  the  same  spirit 
which  swept  the  alien  and  sedition  laws  from 
our  statute  books. 

Resolved,  That  the  proceeds  of  the  public 
lands  ought  to  be  sacredly  applied  to  the 
national  objects  specified  in  the  Constitution, 
and  that  we  are  opposed  to  any  law  for  the 
distribution  of  such  proceeds  among  the  States 
as  alike  inexpedient  in  policy  and  repugnant 
to  the  Constitution. 

Resolved,  That  the  war  with  Mexico,  pro- 
voked on  her  part  by  years  of  insult  and 
injury,  was  commenced  by  her  army  crossing 
the  Rio  Grande,  attacking  the  American 
troops,  and  invading  our  sister  State  of  Texas; 
and  that,  upon  all  the  principles  of  patriotism 
and  the  laws  of  nations,  it  was  a  just  and 
necessary  war  on  our  part,  in  which  every 
American  citizen  should  have  shown  himself 
on  the  side  of  his  country,  and  neither  morally 
nor  physically,  by  word  or  deed,  have  given 
"aid  and  comfort  to  the  enemy." 

Resolved,  That  the  officers  and  soldiers, 
native  and  adopted,  who  have  carried  the  arms 
of  their  country  into  Mexico,  have  crowned  it 
with  imperishable  glory.  Their  unconcpierable 
courage,  their  daring  enterprise,  their  unfalter- 
ing perseverauce  and  fortitude  when  assailed 
on  all  sides  by  innumerable  foes,  and  that 
more  formidable  enemy,  the  diseases  of  the 
climate,  exalt  their  devoted  patriotism  into 
the  highest  heroism,  and  give  them  a  right  to 
the  profound  gratitude  of  their  country;  in 
relation  to  whom  both  General  Scott  and 
General  Taylor  bear  the  same  testimony;  the 
former  expressed  himself,  at  a  public  meetiug 
on  his  arrival  at  New  York,  thus : 


"A  very  large  portion  of  the  rank  and  file  of 
that  army,  regulars  and  volunteers,  went  forth 
from  the' city  of  New  York  to  conquer  or  die. 
it  was  my  lot  to  observe  their  irresistible  valor 
and  prowess;  all  dangers,  difficulties,  and 
hardships,  were  met  and  conquered.  The  Irish 
and  the  Germans,  the  Swiss  and  the  French, 
the  Briton,  and  other  adopted  citizens,  fought 
in  the  same  ranks,  under  the  same  colors, 
side  by  side  with  the  native-born  Americans, 
exhibiting  like  courage  and  efficiency,  and 
uniting,  at  every  victory,  in  the  same  enthusi- 
astic shouts  in  honor  of  our  flag  and  country. 

"From  Vera  Cruz  into  the  capital  of  Mexico 
there  was  generous  rivalry  in  heroic  daring 
and  brilliant  achievements.  Let  those  who 
saw  that  career  of  valor  and  patriotism  say,  if 
they  can,  what  race,  according  to  numbers, 
contributed  most  to  the  general  success  and 
glory  of  the  campaign. 

"On  the  many  hard-fought  fields  there  was 
no  room  for  invidious  distinction.  All  proved 
themselves  the  faithful  sons  of  one  beloved 
country;  and  no  spectator  could  fail  to  dismiss 
any  lingering  prejudice  he  might  have  enter- 
tained as  to  the  comparative  merits  of  Ameri- 
cans by  birth  and  Americans  by  choice  and 
adoption." 

Resolved,  That  General  Zachary  Taylor  ren- 
dered the  most  essential  aid  in  consummating 
the  annexation  of  Texas;  and  that  his  military 
exploits,  cool  determined  courage  and  perse- 
verance at  Palo  Alto,  Resaca  de  la  Palma, 
Monterey,  and  Buena  Vista,  electrified  the 
world,  and  filled  every  American  heart  with 
joy,  and,  with  the  other  victories  won  by  our 
brave  soldiers  and  gallant  officers,  led  to  the 
honorable  peace  that  has  been  concluded. 

Resolved,  That  the  persons  composing  this 
meeting  fully  concur  in  the  nomination  made 
by  the  people  of  the  United  States,  of  General 
Zachary  Taylor  for  the  presidency,  since  which 
nothing  has  transpired  to  change  their  opinion 
that  his  refusal  to  wear  the  livery  of  either 
political  party  exalts  him  in  our  estimation; 
and  while  this  meeting  rejoices  that  the  whig 
convention  have  united  in  his  nomination,  they 
deeply  regret  that  the  democratic  convention 
did  not  also  concur  therein. 

Subsequently  he  addressed  the  citizens  of 
the  nation  through  the  New  York  Herald,  as 
follows : 
JACOB  BARKER  ON  GENERA!  TAYLOR'S  ELECTION. 

"  New  York,  Sept.  5,  1848. 
"  James  Gordon  Bennett,  esq., 

"  Dear  Sir:  You  ask  what  will  be  the 
course  of  the  original  southern  friends  of  Gen. 
Taylor  in  relation  to  the  election  of  Mr.  Fill- 
more? I  answer  that  they  will  support  him 
with  the  same  fidelity  they  do  the  hero  of 
Buena  Vista.  They  nominated  General  Taylor 
from  an  earnest  desire  for  peace  with  Mexico, 
and  from  a  conviction  that  a  vigorous  prosecu- 


232 


LIFE   OF   JACOB   BARKER. 


tion  of  the  war  was  the  best,  in  fact  the  only 
way  to  procure  an  honorable  peace.  To  pro- 
mote that  object,  together  with  a  wholesome 
restraint  on  the  exercise  of  the  veto  power, 
and  a  reformation  in  the  administration  of  the 
finances  of  the  nation,  they  wished  to  see 
General  Taylor  elected,  and  they  fondly  hoped, 
from  his  peculiar  fitness  for  the  station,  that 
the  Baltimore  as  well  as  the  Philadelphia  con- 
vention would  have  concurred  in  his  nomina- 
tion. The  Baltimore  convention  preferred 
another ;  we,  therefore,  owe  them  nothing. 
The  Philadelphia  convention  confirmed  our 
nomination,  superadding  that  of  Mr.  Fillmore 
for  the  vice  presidency.  This  was  a  fair  com- 
promise ;  it,  therefore,  behooves  us  to  support 
Mr.  Fillmore  with  the  same  fidelity  we  expect 
his  friends  to  support  General  Taylor,  and  we 
shall  faithfully  perform  such  duty,  without 
stopping  to  inquire  how  far  others  may  act 
with  the  same  good  faith.  All  should  remem- 
ber that  every  institution  of  society,  and  par- 
ticularly the  Constitution  of  the  United  States, 
is  the  result  of  compromise.  General  Taylor 
stands  before  the  public  committed  to  leave 
all  matters  of  national  policy  to  the  decision 
of  the  people's  immediate  representatives.  No 
man  acquainted  with  the  general  will  doubt 
as  to  his  carrying  out  that  opinion  to  the 
letter.  He  is  honest,  prompt,  intelligent,  and 
highly  qualified  to  discharge  the  duties  of  the 
presidency.  Not  so  familiar  with  diplomacy  as 
Mr.  Clay  or  Mr.  Webster — and  those  gentlemen 
may  vainly  imagine  these  qualifications  essen- 
tial for  a  candidate  for  the  presidency — the 
people  believe  that  other  qualifications  pos- 
sessed by  General  Taylor,  and  not  by  these 
other  gentlemen,  are  quite  as  important. 

"  General  Washington  and  General  Jackson 
were  both  of  the  army,  and  they  administered 
the  executive  department  quite  as  well  as  Mr. 
Tyler  or  Mr.  Polk,  who  were  not  of  the  army. 
The  original  friends  of  General  Taylor  con- 
sidered his  past  life  a  sufficient  pledge  for  the 
future,  and  so  far  from  wishing  him  to  wear 
their  livery,  or  pledge  himself  to  any  course, 
they  believe  it  to  be  far  more  important  to  him 
to  adhere  to  the  independent  position  he  origi- 
nally assumed,  than  to  be  elected  President  of 
the  United  States.  Should  he  be  elected,  the 
people  will  have  a  President  free  to  act  ac- 
cording to  his  best  judgment,  uninfluenced  by 
party  pledges  or  a  kitchen  cabinet. 

"  It  is  admitted  at  the  south,  as  well  as  at 
the  north,  that  slavery  and  wars  are  great 
curses.  In  this  sentiment  General  Taylor  par- 
ticipates :  yet,  sooner  or  later,  we  must  have  a 
war  to  exterminate  British  rule  from  this  con- 
tinent, and  will  any  one  pretend  that  General 
Taylor  would  not  be  the  best  President  for  the 
performance  of  such  a  holy  work?  His  friends 
do  not  approve  of  any  attempt  to  detract  from 
the  merit  of  his  opponents.  They  think  favor- 
ably of  their  candidates,  and  that  either  General 
Cass  or  Mr.  Van  Buren  would  make  a  good 


President  if  elected.  They  consider  General 
Taylor  preferable,  and  most  likely  to  adminis- 
ter the  government  iu  accordance  with  the 
wishes  of  the  whole  people.  Yet,  if  either  of 
the  other  two  should  be  elected,  the  nation 
would  have  occasion  to  be  proud  of  their  Pre- 
sident. As  to  slavery,  as  it  now  exists,  they 
all  three,  as  far  as  I  have  been  enabled  to  dis- 
cover, hold  the  same  opinions ;  therefore,  no 
preference  on  that  score  ;  and,  as  to  its  exten- 
sion, I  cannot  believe  that  any  sensible  man 
wishes  to  see  it  extended.  It  would  be  a  last- 
ing disgrace  to  this  republic  to  authorize 
slavery  in  countries  where  it  does  not  now 
exist.  In  saying  this,  I  speak  only  for  myself; 
yet  it  is  my  opinion  that  such  would  be  the 
general  opinion  in  Louisiana,  if  the  subject 
should  there  be  discussed  and  considered.  The 
citizens  of  that  State  are,  like  most  other 
people,  attached  to  their  own  interest.  They 
do  not  raise  slaves  for  sale  :  they  do  not  emi- 
grate to  new  countries  for  agricultural  pursuits  ; 
their  soil  is  as  good  as  can  be  wished.  With 
more  lands  than  the  owners  can  supply  with 
hands  for  a  century  to  come,  they  are  pur- 
chasers rather  than  sellers  of  slaves  ;  hence,  it 
is  not  for  their  interest  to  extend  the  market 
and  thereby  augment  the  price  of  slaves.  I 
believe,  further,  that  the  whole  south  would 
gladly  agree  that  all  the  slaves  should  be  paid 
for  from  the  United  States  treasury,  made  free, 
and  sent  to  the  newly  acquired  territory,  aud 
there  formed  into  a  separate  nation,  to  be 
governed  by  themselves.  A  great  portion  of 
such  territory  I  consider  worthless  to  this 
nation  for  any  other  purpose ;  or  if  New  and 
Old  England  wish  otherwise  to  emancipate 
them,  they  have  only  to  send  back  their  ships 
which  brought  them  south  with  the  money  for 
which  they  sold  these  unfortunate  men  into 
slavery,  and  the  present  holders  will  gladly  ex- 
change them  back.  Britain  forced  them  on 
her  colonies,  which  Virginia  resisted  to  the 
utmost  of  her  power,  and  those  who  sent  them 
into  slavery  cannot,  with  any  grace,  ask  their 
emancipation  from  those  to  whom  they  sold 
them,  without  returning  the  money. 

"  I  have  resided  among  those  people  for  the 
last  fourteen  years,  during  all  which  time  I 
have  defended  the  free  colored  inhabitants  to 
the  best  of  my  ability,  without  accepting  any 
fees  for  my  services,  and  have  expended  every 
dollar  I  could  afford  in  experiments  to  prove 
to  the  slaveholders  that  it  would  be  for  their 
interest  to  employ  free  laborers  iu  preference 
to  slaves,  and  otherwise  in  the  cause  of  free- 
dom. I  consider  the  slaves  of  Louisiana  better 
fed,  clothed,  cared  for  when  sick,  and  happier 
than  the  working  classes  of  any  other  part  of 
the  habitable  globe;  they  have  not  any  care 
for  the  morrow ;  no  terror  of  quarter  day  ;  can 
marry  and  have  as  many  childreu  as  they  like. 
All  this,  however,  does  not  sanctify  the  insti- 
tution of  slavery,  aud  should  not  abate  the  zeal 
of  freemen  for  their  emancipation.    The  friends 


ELECTION    OF   GENERAL    TAYLOR. 


233 


of  free  soil,  as  well  as  the  abolitionists,  should 
read  from  the  Delta  newspaper,  published  at 
New  Orleans  on  the  27th  of  August,  1848,  the 
speech,  herewith,  of  General  Preston,  in  rela- 
tion to  Mr.  Fillmore,  delivered  at  Lafayette, 
Louisiana.  Tie  is  one  of  the  most  respectable, 
talented,  and  worthy  citizens  of  that  place, 
and  whose  object  was  to  make  capital  for 
General  Cass. 

"  After  reading  this  speech,  let  the  freesoil 
men  say  whether  they  will  cast  off  Mr.  Fillmore 
by  voting  for  Mr.  Van  Buren  ;  they  cannot 
both  be  elected.  By  voting  for  Mr.  Van  Buren, 
they  not  only  prefer  General  Cass  to  General 
Taylor,  but  they  cast  off  Mr.  Fillmore,  and, 
what  is  of  the  highest  importance,  they  throw 
away  their  votes.  As  it  does  not  seem  possible, 
in  the  present  organization  of  parties,  to  elect 
Mr.  Van  Buren,  I  would  say  to  all  parties,  as 
I  would  to  irau  and  wife  in  case  of  domestic 
contention,  compromise  your  differences,  yield 
your  prejudices,  abstain  from  all  unkind  reflec- 
tions, and  co-operate  for  the  general  good. 
How  can  the  freesoil  men,  the  abolitionist,  and 
the  slaveholder  do  this  better,  than  by  the 
support  of  General  Taylor  and  Mr.  Fillmore  ? 

"  To  do  any  good  to  the  colored  people, 
some  practicable  plan  must  be  devised  to  send 
them  off.  or  to  fit  them  for  freedom  at  home. 
Suppose  it  were  possible  to  turn  three  or  four 
millions  of  uneducated  free  laborers,  penniless, 
at  once  on  this  community,  I  would  ask,  would 
it  be  prudent  to  do  so  ?  Would  our  wives  and 
daughters  like  to  encounter  such  a  mass  ? 
Would  the  German,  Irish,  or  other  laborers, 
like  thus  to  be  elbowed  out  of  their  accus- 
tomed occupation?  If  not,  let  them  beware 
how  they  favor  any  project  leading  to  such  a 
result.  And  to  these  men  I  think  I  have  a 
right  to  say  a  word  or  two,  being  a  working 
man  myself,  and  having,  during  a  long  life, 
been  their  fast  friend  and  advocate,  and  espe- 
cially so  of  the  adopted  citizens ;  the  Irish  in 
particular  know  this,  and  I  say  to  them,  if 
General  Taylor  should  be  elected,  they  will 
have  a  President  whose  benevolence  is  prover- 
bial, and  who  will  sympathize  with  the  op- 
pressed of  all  nations.  I  say  this  emphatically 
from  a  por.-onal  acquaintance  with  that  good 
man. 

"  Very  respectfully,  your  obedient  servant, 
"JACOB  BARKER." 

General  Taylor  was  elected.  Very  soon 
after  which  Mr.  Barker  received  numerous  let- 
ters from  candidates  for  office  soliciting  his  in- 
terference in  their  favor.  To  one  of  these 
applicants  Mr.  Barker  addressed  a  letter  in 
words  following.  The  extract  from  which  it  is 
taken  is  published  by  the  Concordia  Intelli- 
gencer : 

"New  Orleans,  November  23,  1848.    , 

"The  result  of  the  election  is  as  you  may 


well  suppose,  very  gratifying  to  me,  and  I  shall 
rejoice  if  you  can  benefit  thereby.  If  you 
should  have  occasion  to  refer  to  me  for  your 
qualification  for  office  and  devotion  to  the  good 
cause,  your  draft  will  meet  due  honor  at  sight. 
The  competition  for  office  will  be  so  great  that 
but  few  can  succeed  under  General  Taylor's 
supposed  plan  of  operations.  Mine  would  be 
different.  I  should  be  for  a  new  deal,  not  to 
turn  out  whigs  to  make  place  for  democrats, 
nor  to  turn  out  democrats  to  make  place  for 
whigs,  but  to  vacate  all  the  offices  on  the  prin- 
ciple of  rotation  in  office;  that  the  incumbents 
have  held  long  enough  for  their  full  share ; 
that  a  thorough  investigation  of  their  accounts 
is  necessary,  and  that  this  cannot  be  had  while 
they  are  in  office.  The  offices  being  once 
vacant  I  should  fill  them  with  the  most  com- 
petent men  to  be  found,  without  reference  to 
political  party  distinction ;  and  when  any  one 
of  the  present  incumbents  is  found  to  have 
been  particularly  faithful  and  capable,  I  should 
not  think  his  having  been  in  office  any  objec- 
tion to  his  reappointment,  or  to  his  being 
selected  for  any  other  office.  You  must'  be 
aware  that  it  would  be  particularly  indelicate 
in  me  to  intermeddle  in  the  appointments  to  be 
made  unless  applied  to  by  General  Taylor  for 
my  opinion  ;  he  knows  me  well,  and  that  all  I 
ask  of  him  is  to  administer  the  government  on 
sound  democratic  principles,  such  as  I  have 
published  to  the  world  all  my  life  ;  and  he  may, 
therefore,  think  it  advisable  to  confer  with  me 
occasionally.  If  he  should  confide  in  more 
able  friends,  it  will  not  estrange  me  from  his 
administration."         *         *         *         *     .   * 

"I  hope  he  will  so  far  carry  out  your  views 
on  the  tariff  as  to  recommend  such  a  modifica- 
tion as  will  best  protect  domestic  industry, 
always  keeping  within  the  bounds  of  our  ne- 
cessities, never  collecting  a  dollar  more  than  is 
wanted  for  the  expenses  of  the  government  and 
to  pay  off  the  national  debt.  If  this  will  not 
sustain  domestic  manufactories,  let  them  fall. 

"  I  hope  he  will  also  recommend  the  im- 
provement of  the  navigation  of  the  western 
waters,  and  such  a  modification  of  the  inde- 
pendent treasury  as  will  more  perfectly  secure 
a  separation  of  the  funds  of  the  nation  from  the 
local  banks,  at  the  same  time  giving  to  all  dis- 
bursing officers  all  the  facilities  a  bank  could 
give  if  we  had  such  an  institution. 

"Should  the  sub-treasury,  rather  the  inde- 
pendent treasury,  law  be  repealed  without  pro- 
viding a  substitute,  it  would  be  a  return  to  the 
pet  bank  system,  the  most  odious  that  could 
be  devised  ;  and  any  administration  that  should 
do  it  would  be  doomed,  as  much  so  as  we  are 
all,  to  die.  Treasury  notes  furnish  a  better 
currency  than  any  bank  ever  did  or  ever  could; 
yet  there  would  be  so  much  risk  and  difficulty 
in  supplying  such  a  currency  that  I  should  pre- 
fer to  see  a  national  bank  established  at  Wash- 
ington, with  branches  in  such  States  as  should 
authorize  their  establishment ;  yet  if  General 


234 


LIFE    OP   JACOB    BARKER. 


Taylor  should  ask  my  advice  I  should  say  to 
him,  'do  not  mention  the  subject;  leave  that 
matter  to  Congress — they  are  the  people's  im- 
mediate representatives,  and  there  ought  not 
to  be  a  national  bank  until  the  people  call  for 
it  through  their  immediate  representatives.'" 

General  Tajlor,  very  soon  after  his  election, 
became  convinced  that  he  could  not  conduct 
the  affairs  of  the  nation  without  the  aid  of  one 
of  the  great  political  parties — it  required  such 
a  man  as  General  Jackson  to  do  that.  The 
democrats,  as  a  party,  had  opposed  his  election, 
and  the  whigs,  as  a  party,  had  supported  it ; 
consequently  he  fell  into  the  hands  of  the  lat- 
ter, and  the  democrats  who  had  supported  him 
again  became  active  under  the  Jeffersonian 
flag.  On  this  subject  Mr.  Barker  made  the 
following  publication : 

GENERAL  CASS. 

To  the  Editors  oftJie  Daily  Delta :  You  have 
thought  proper  to  refer  to  my  political  opinions. 
Unimportant  as  I  know  the  opinions  of  any  indi- 
vidual to  be,  I  am  nevertheless  unwilling  to  be 
placed  before  the  public  in  a  false  position. 

You  say  that  I  vigorously  opposed  Gen.  Cass 
at  the  last  presidential  election.  In  this  you 
are  mistaken,  unless  there  was  opposition  in 
my  entertaining  the  belief  that  the  situation  of 
our  sons,  brothers,  fathers,  and  friends  engaged 
in  the  Mexican  war,  was  such  that  party  con- 
siderations should  yield  to  the  great  question 
of  giving  a  vigorous  support  to  that  war. 

In  order  to  do  this,  it  was  necessary  to 
counteract  the  influence  of  its  opposers,  who 
had  acquired  a  majority  in  the  House  of 
Representatives  of  the  Congress  of  the  United 
States,  and  of  their  friends  throughout  the 
nation,  who  were  insisting  on  making  the 
administration  declare  for  what  they  were 
fighting,  before  the  necessary  supplies  of 
money,  men,  and  munitions  of  war  should  be 
furnished  to  protect  our  patriotic  citizens,  who 
had  exchanged  their  domestic  comforts  for  the 
hardships  of  the  camp,  in  a  foreign  and  un- 
healthy climate,  at  the  first  call  of  their  coun- 
try. Thus  circumstanced,  the  public  good  de- 
manded a  temporary  suspension  of  party  dis- 
cipline. 

General  Taylor  having  declared  emphatically 
that  he  would  not  be  the  President  of  a  party, 
and  having  been  the  most  energetic  and  suc- 
cessful supporter  of  the  war,  it  was  deemed  ex- 
pedient to  propose  him  as  a  candidate  for  the 
presidency ;  and  for  the  aforesaid  reasons  I 
embarked  in  his  support  with  all  my  heart. 

By  the  great  skill  and  prowess  of  the  candi- 
date thus  selected,  and  of  his  fellow-laborers  in 
the  field  of  glory,  the  enemy  were  whipped  into 
submission  before  the  election  came  on ;  yet, 
having  enlisted  for  the  campaign,  I  could  not 
retire  from  the  service  until  our  brave  com- 


mander-in-chief had  been  safely  escorted  to  the 
encampment  destined  for  him  at  Washington. 

The  nomination  of  General  Taylor  took 
place  before  the  nomination  of  General  Cass, 
and  therefore  was  not  made  in  opposition  to 
him ;  and  so  far  from  otherwise  opposing 
General  Cass,  I  never  thought,  wrote,  or  spoke 
a  word  against  him  in  the  whole  course  of  my 
life ;  on  the  contrary,  I  have  always  been  an 
admirer  of  his  public  course,  from  the  breaking 
of  his  sword  at  Maiden  to  the  compromise  of 
the  questions  which  agitated  the  nation  during 
the  last  session  of  Congress,  inclusive,  and 
particularly  of  the  part  he  took  when  minister 
at  Paris  in  relation  to  the  quadruple  treaty, 
and  of  the  zealous  support  he  gave  to  the  war 
with  Mexico. 

I  should  rejoice  to  see  the  honors  of  the  two 
first  offices  in  the  world  conferred  on  him  and 
some  other  patriot  like  General  Persifor  F. 
Smith,  covered  with  millitary  glory:  yet  if  I 
have  any  influence  on  the  question,  it  will  be 
exerted  in  favor  of  the  electiou  of  the  nominees 
of  the  Democratic  National  Convention.  It 
will  be  for  them,  and  not  for  any  individual,  to 
pass  on  the  choice  between  Cass,  Woodbury, 
Douglas,  Buchanan,  Smith,  Butler,  King,  and 
many  other  patriotic  and  qualified  sons  of  this 
republic;  and  in  support  of  such  nominations, 
all  those  called  Taylor  Democrats  will  cordially 
unite. 

Past  experience  admonishes  us  not  again  to 
trust  our  national  affairs  to  men  who  will  disap- 
point our  most  sauguine  expectations ;  and,  in 
order  to  ensure  success,  the  individual  selected 
must  be  such  as  will  not  allow  any  impediment 
or  obstacle  to  be  thrown  in  the  way  of  our 
fellow-men,  who  emigrate  to  this  land  of 
liberty,  becoming  citizens  according  to  the  pro- 
visions of  the  laws  of  the  land  as  they  now  exist. 

This,  in  the  present  state  of  the  world,  I  con- 
sider of  such  vast  importance  as  for  every  other 
question  to  dwindle  into  comparative  in- 
significance. 

Your  obedient  servant. 

JACOB    BARKER. 

From  this  time  forward  Mr.  Barker  exerted 
himself  to  the  utmost  of  his  power  to  procure 
the  nomination  of  General  Lewis  Cass.  The 
democratic  convention  deeming  it  best  to 
nominate  Franklin  Pierce,  Mr.  Barker  ad- 
dressed the  Jeffersonian  Club,  from  which  ad- 
dress the  following  extracts  are  made  : 

"  Fellow  Citizens  :  Allow  me  to  congratu- 
late you  on  the  nomination  of  Franklin  Pierce 
and  William  R.  King — a  triumph  of  the  great- 
est magnitude. 

"  This  association  was  formed  to  carry  out 
the  principles  of  the  illustrious  Jefferson,  which 
have  always  been  advocated  by  Senator  Cass. 
He  is  a  veteran  iu  the  cause,  always  in  the 


NOMINATION    OF    PIERCE    AND    KING. 


235 


battle  field  aud  in  the  front  ranks.  The  talents 
and  the  zeal  manifested  by  him  for  more  than 
forty  years  in  the  good  cause,  induced  the 
members  of  this  club  to  exert  themselves  to 
procure  his  nomination.  Other  distinguished 
men  had  their  advocates.  To  reconcile  the 
conflict  of  opinions  thus  produced,  the  Balti- 
more convention  deemed  it  best  to  overlook  all 
the  prominent  candidates,  and  present  to  the 
people  a  new  name,  for  whom  there  was  not 
any  organization,  any  clique,  any  body-guard. 
In  carrying  out  this  view  of  the  subject,  they 
selected  Franklin  Pierce  with  an  unanimity 
scarcely  ever  witnessed  in  a  deliberative  body. 

'"In  the  nominations  of  Messrs.  Pierce  and 
King,  we  have  a  complete  triumph  of  our  prin- 
ciples, which  is  of  far  more  importance  than 
the  mere  triumph  of  an  individual.  And  what 
better  evidence  can  we  have  of  the  worth  of 
Senator  Cass,  who  was  our  first  choice,  than  is 
to  be  found  in  the  hearty  and  cordial  approval 
of  the  nomination  made,  as  manifested  in  the 
zealous  manner  in  which  he  immediately  came 
forward  at  a  public  meeting,  urging  his  fellow- 
citizens  to  exert  themselves  in  their  support. 

"  This  public  testimony  of  General  Cass  to 
the  merits  of  the  honored  individuals  speaks 
volumes  in  their  favor,  as  it  also  does  in  favor 
of  their  distinguished  advocate. 

"  Our  advices  from  every  part  of  the  nation 
are  the  most  cheering.  There  is  a  perfect 
fusion  of  all  sections  of  the  party,  and  particu- 
larly so  in  New  York,  where  individual  prefer- 
ences had  occasioned  the  most  disastrous  re- 
sults to  the  democracy,  so  that  in  place  of  the 
discord  and  bickering  which  have  for  years 
distracted  their  ranks  and  thrown  the  political 
power  of  the  State  into  the  hands  of  our  oppo- 
nents, there  is  now  perfect  harmony  and  more 
enthusiasm  displayed  than  ever  before  was 
witnessed.  In  the  Empire  City  at  least  20,000 
people  assembled  at  their  ratifying  meeting, 
whose  united  voices  in  favor  of  Pierce  and 
King  rent  the  heavens,  and  stifled  the  roar  of 
the  thousand  cannons  that  were  sounding  forth 
the  glad  tidings.  And,  subsequently,  at  the 
great  mass  meeting  at  Newburg,  democrats 
assembled  from  every  part  of  the  country. 
At  least  30,000  were  on  the  ground ;  some 
fifteen  steamboats  were  chartered  to  take  pas- 
sengers from  New  York  on  the  occasion. 
They  were  all  filled  to  overflowing.     Among 


the  orators  on  the  occasion  were  the  Hon. 
John  A.  Dix,  of  New  York,  the  Hon.  Mr. 
Smith,  of  Connecticut,  John  Van  Buren,  esq., 
and  many  others  ;  perfect  unanimity  prevailed, 
and  the  enthusiasm  for  Pierce  and  King  sur- 
passed anything  ever  before  witnessed.  The 
whole  scene  was  magnificently  grand,  termi- 
nating with  a  perfect  conviction  of  the  success 
of  our  candidates.  The  more  recent  success 
of  that  old  and  often  tried  friend  of  democracy 
Thomas  H.  Benton,  of  Missouri,  and  Governor 
Beid,  of  North  Carolina,  speaks  volumes  for 
the  good  cause. 

"  I  have  not  the  honor  of  a  personal  ac- 
quaintance with  Franklin  Pierce,  while  I  had 
the  pleasure  to  witness  the  patriotic  career  of 
William  R.  King,  during  the  war  with  Great 
Britain.  The  nation  was  in  the  greatest 
trouble  for  the  sinews  of  war.  The  federal 
party  exerted  themselves  everywhere,  in  and 
out  of  Congress,  to  embarass  the  administra- 
tion and  to  impede  the  progress  of  the  war, 
denouncing  it  as  unjust  and  unnecessary,  thus 
taking  sides  with  the  enemy.  Mr.  King  was 
then  a  member  of  Congress  from  North  Caro- 
lina ;  he  was  a  particular  friend  of  Mr.  Madi- 
son ;  on  all  occasions  sustained  the  war  and 
the  administration  ;  his  course  ever  since  has 
been  patriotic  and  onward ;  his  nomination  is, 
therefore,  first  rate. 

"  And,  although  not  favored  with  a  personal 
acquaintance  with  Mr.  Pierce,  I  am  familiar 
with  his  history,  and  know,  from  his  uniform 
course  in  favor  of  the  cause  of  his  country, 
that  a  better  selection  could  not  have  been 
made,  and  if  I  had  as  many  votes  as  I  have 
hairs  on  my  head,  Pierce  and  King  should 
have  them  all. 

"  So  much  has  been  said,  and  will  continue 
to  be  said  by  others,  as  to  the  particular  merits 
of  the  nominees,  that  I  shall  not  dwell  further 
on  the  subject. 

'■Much  has  also  been  said  about  slavery, 
southern  men,  and  southern  opinions,  all  which 
I  think  had  better  be  omitted.  The  question 
of  slavery  should  not  be  considered  open  to 
debate;  the  Constitution  settled  that  question. 

"  In  selecting  candidates,  patriotism,  virtue, 
and  capacity  for  the  discharge  of  the  duties 
appertaining  to  the  high  offices  in  question, 
should  be  our  only  guide.  Our  polar  star 
should   be   the   Union,  and   our   watchwoi'ds 


236 


LIFE   OF   JACOB   BARKER. 


should  be  the  Constitution  and  the  Compro- 
mise. The  terms  of  the  compromise,  though 
not  altogether  satisfactory,  were  the  best  that 
could  be  obtained  ;  and  having  been  made,  i,fc 
must,  at  all  hazards,  be  sustained  as  the  best 
means  of  preserving  the  Union. 

"  I  introduced  resolutions  at  a  public  demo- 
cratic meeting,  held  at  the  Louisiana  Hotel,  in 
February,  1851,  in  favor  of  the  Compromise, 
the  LTnion,  and  the  Constitution,  and  told  that 
meeting  that  whatever  party  should  manifest 
the  most  zeal  in  favor  of  those  three  great 
measures  would  be  in  the  ascendant.  I  failed 
to  convince  a  majority  of  the  persons  there 
assembled  of  the  expediency  of  being  the  first 
in  the  field  with  such  an  avowal.  Many  whigs 
who  attended  this  meeting  perceived  Jhe  im- 
portance of  the  question,  repaired  to  Donald- 
sonville,  where  a  whig  convention  soon  after 
assembled,  which  convention  embodied,  in  their 
platform,  the  spirit  of  these  resolutions,  which 
had  been  offered  by  me  at  said  democratic 
meeting,  and  the  race  everywhere  has  been  for 
the  supremacy  in  devotion  to  those  several 
principles ;  and  I  have  been  made  most  happy 
in  seeing  them  adopted  by  all  parties  and  on 
all  occasions. 

"  The  strife  has  been,  as  I  predicted  it  would 
be,  who  should  exhibit  the  greatest  devotion  to 
the  Union,  the  Constitution,  and  the  Compro- 
mise. This  city  was  lost  to  the  democratic 
party  by  their  reliance  on  the  fact  that  there 
was  not  any  disunion  party  in  the  State,  and, 
therefore,  useless  to  put  forth  such  a  platform; 
they  should  have  been  leaders  and  not  followers 
in  this  patriotic  course. 

"All  are  now  convinced  of  its  wisdom,  and 
there  will  not  be  any  more  faltering. 

u  There  are  occasions  when  true  patriotism 
requires  that  party  discipline  should  yield  to 
public  good.  Such  was  the  case  when  the 
prospect  of  disunion  was  overthrown  by  the 
compromise,  as  also  during  the  progress  of  the 
war  with  Mexico ;  no  such  necessity  is  likely 
to  occur  again  for  a  century. 

"During  the  progress  of  that  war  our  oppo- 
nents had  a  majority  in  Congress.  Mr.  Clay 
proclaimed  that  the  administration  should  be 
required  to  disclose  for  what  they  were  fighting 
before  further  appropriations  were  made  for 
continuing  the  war,  and  Mr.  Calhoun  wished 
our  troops  withdrawn  from  the  siege  of  the  city 


of  Mexico  and  our  forces  concentrated  on  the 
Rio  Grande. 

"  The  United  States  treasury  was  empty 
and  the  treasury  notes  depreciated.  Under 
such  circumstances  many  of  the  friends  of 
General  Cass,  myself  of  the  number,  considered 
it  far  more  important  to  carry  out  his  prin- 
ciples, by  a  vigorous  prosecution  of  the  war 
with  Mexico,  than  to  elect  him  President.  To 
effect  this,  it  was  deemed  best  to  pursue  such 
a  course  as  would  constrain  the  whigs  to  sup- 
port a  man  favorable  to  the  prosecution  of  the 
war.  With  this  view  the  independent  men  of 
the  nation  nominated  General  Taylor,  and  the 
whigs  were  constrained  to  adopt  their  nomina- 
tion, although  nine-tenths  of  them  preferred 
Mr.  Clay ;  thus  our  plan  was  successful. 

"It  is  true  that  peace  had  resulted  from  the 
success  of  our  arms  before  the  election,  yet 
those  who  had  put  forth  the  name  of  General 
Taylor,  having  done  it  in  good  faith,  they  could 
not  recede,  and  no  man  who  knew  me  could, 
after  my  public  declaration  at  the  Commercial 
Exchange,  that  'I  had  shipped  for  the  voyage,' 
expect  me  to  recede  or  relax  until  the  setting 
of  the  sun  on  the  7th  of  November. 

"Under  these  circumstances  I  embarked  in 
favor  of  General  Taylor,  confiding  in  his  pub- 
lished declarations  that  he  would  not  be  the 
President  of  a  party ;  and  although  I  wrote  for 
the  press  and  spoke  at  public  meetings  during 
the  whole  canvass,  it  was  not  at  whig  meetings 
I  spoke,  or  for  whig  papers  I  wrote,  nor  did  I 
ever  advar/ce  a  sentiment  adverse  to  demo- 
cratic principles;  and  no  man  in  the  nation 
could  have  been  more  disappointed  than  I  was 
at  the  course  pursued  by  General  Taylor  after 
he  was  elected  President. 

"On  his  arrival  at  Washington,  he  found  it 
impossible  to  conduct  the  government  without 
the  co-operation  of  one  of  the  great  political 
parties.  The  democrats,  as  a  party,  had  op- 
posed his  election,  and  the  whigs,  as  a  party, 
had  supported  it;  he  therefore  fell  into  the 
hands  of  the  latter.  Had  the  Baltimore  con- 
vention adopted,  as  I  fondly  hoped  it  would 
have  done,  the  independent  nominations,  I  am 
confident  that  Gen.  Taylor  would  have  pur- 
sued a  course  entirely  satisfactory  to  them. 

"  Gen.  Jackson  encountered  the  same  diffi- 
culty. When  Mr.  Monroe  was  elected  Presi- 
dent, he  wrote  him  a  letter  urging  him  to 


NOMINATION   OF   PIERCE    AND    KING. 


237 


disregard  party  considerations,  and  select  the 
best  men  in  the  nation  for  his  cabinet  and  for 
other  high  offices.  Yet,  when  the  General 
became  President,  he  found  that  would  not 
answer,  and  brought  about  him  none  but  those 
strictly  of  his  own  party. 

"If  a  further  motive  for  the  perseverance  in 
the  support  of  General  Taylor  after  peace  had 
been  concluded  had  been  wanted,  it  would 
have  been  found  in  the  wish  to  perpetuate  and 
extend  the  renown  of  our  victorious  army,  and 
which  could  not  be  so  effectually  done  as  by 
making  the  most  successful  general  and  the 
greatest  captain  of  the  age  President  of  the 
United  States. 

"I  never  hesitated  to  commend  the  patriotic 
course  of  General  Cass,  and  to  bear  testimony 
to  his  great  worth.  No  expression  was  used 
wanting  in  respect  for  him,  or  at  variance 
with  those  democratic  principles  taught  me  by 
Jefferson. 

"  When  the  battle  was  over,  the  necessity  for 
the  independent  action  no  longer  existed.  The 
democratic  supporters  of  General  Taylor,  all 
over  the  nation,  returned  with  one  accord  to 
the  democratic  party,  wishing  to  fall  into  the 
ranks  as  common  soldiers,  since  which,  none 
have  surpassed  us  in  devotion  to  the  party. 

"  We  exerted  ourselves  to  the  last  to  procure 
the  nomination  of  General  Cass.  In  this  we 
have  been  disappointed  by  a  certain  class  of 
men  styling  themselves  '  Young  America,' 
who  have  not  gained  anything  but  a  mortify- 
ing defeat,  while  we  have  the  gratifying  reflec- 
tion that  the  principles  of  Cass  have  triumphed, 
which  is  of  far  more  importance  than  the 
the  triumph  of  any  individual. 

"  'Young  America'  now  professes  a  willing- 
ness to  support  our  nominations;  to  do  this  in 
good  faith  they  must  fall  into  the  ranks,  and 
conform  to  the  usages  of  the  party,  and  not 
form  separate  cliques  with  the  view  of  control- 
ling the  patronage  of  the  new  administration. 
The  chief  of  that  party,  Senator  Douglass, 
was  one  of  the  most  eloquent  orators  at  the 
great  Newburg  meeting ;  from  the  patriotic 
sentiments  expressed  by  him  and  the  zeal  he 
manifested  on  the  occasion,  it  is  evident  that 
he  will  go  heart  and  soul  with  the  party  for  its 
general  good.  The  same  with  John  Van 
Buren,  esq. 

"Mr.  Jefferson  remarked  to  me  that  there 


was  much  complaint  about  his  selections  to  fill 
offices.  'This,'  said  he,  '  is  inseparable  from 
the  nature  of  our  institutions;  the  people  should 
blame  their  delegates,  not  the  President;  it  is 
impossible  for  him  to  know  the  merits  of  the 
innumerable  candidates  spread  over  such  an 
extent  of  country.  The  President's  rule  is,  in 
most  cases,  to  be  guided  by  the  recommenda- 
tion of  the  members  of  Congress  from  the  dis- 
trict; they  come  here  fresh  from  their  con- 
stituents, and  are  presumed  to  know  their 
opinions  and  preferences,  and  if  they  make 
impolitic  recommendations,  the  people  must, 
thereafter,  wrap  their  mantles  about  the  heads 
of  more  discerning  men.  Signatures  are  so 
easily  obtained  to  petitions,  and  town  meetings 
are  so  easily  controlled  by  interested  parties,  that 
I  have  deemed  it  the  safest  course  to  be  guided  by 
the  representative  of  the  people  in  Congress.' 

"  These  considerations  should  have  admon- 
ished 'Young  America'  to  have  wheeled  into  the 
ranks,  and  obtained  an  influence  by  their  zeal 
and  exertions  in  the  commou  cause,  and  not 
to  have  attempted  to  take  the  control  from  the 
successful  party.  The  '  old  fogies,'  if  you 
please. 

"All  we  wish  is  the  success  of  our  principles, 
and  as  to  the  distribution  of  office,  we  have  the 
utmost  confidence  that  the  men  best  qualified 
to  perform  the  duties  will  be  selected ;  whether 
they  be  of  the  'Young  America'  class,  'Old 
Fogies,'  or  Barn-burners. 

"  We  extend  the  right  hand  of  fellowship  to 
them  all,  adopting  the  principle  of  '  friends  in 
peace,  enemies  in  war,'  and  so  long  as  they  are 
disposed  to  give  a  free  and  full  support  to  the 
election  of  Pierce  and  King,  we  shall  regard 
them  as  friends. 

"  We  have  a  great  battle  to  fight.  The  pre- 
sent incumbents  will  not  willingly  yield  posses- 
sion of  the  expenditure  of  fifty  millions  annu- 
ally from  the  national  treasury,  and  nearly  as 
much  more  from  the  treasury  of  New  York  and 
Louisiana.  This  is  too  great  a  boon  to  be  given 
up  without  a  desperate  struggle. 

"  The  democratic  party  are  now  happily 
united  in  every  State  in  the  Union.  The  toma- 
hawk has  been  buried,  and  we  are  once  more 
smoking  the  calumet  of  peace.  This,  with  a 
full  organization,  will  ensure  an  easy  victory. 
We  are  working  men,  and  when  the  day  arrives 
our  battle-axes  will  be  found  not  only  bright, 


238 


LIFE    OF   JACOB   BARKER. 


but  sharp;  and  if  every  man  does  his  duty,  as  I 
trust  he  will,  we  shall  on  the  first  Monday  of 
November  next  be  electrified  with  the  cry  of 
'  Victory!  victory!'  throwing  up  our  caps,  pro- 
claiming our  party  has  triumphed. 

"  The  money  power  with  which  we  have  to 
contend  is  not  only  formidable,  but  frightful, 
yet  it  will  vanish  before  virtue,  intelligence, 
and  the  zeal  of  the  hard-working  population, 
like  an  untimely  snow  of  May  and  the  morning 
dews  of  June  before  the  meridian  sun. 

"  Pure  and  unspotted  as  our  candidates  are, 
the  envenomed  shafts  of  detraction  have  already 
been  let  loose  against  them  by  our  opponents. 
It  was  to  have  been  expected  that  the  delusion 
which  led  to  the  coffin  hand-bills,  the  slaves  in 
chains,  the  log  cabins,  and  cider  barrels  had 
passed  away,  and  that  reason  had  resumed  her 
seat.  This  gratifying  anticipation  is  not  likely 
to  be  realized ;  the  private  worth  of  the  candi- 
dates on  both  sides  should  have  been  a  guaran- 
tee against  every  unworthy  insinuation.  We 
war  against  measures,  not  men;  for  principles, 
not  for  office  ;  and  the  democratic  party  will 
assuredly  confine  their  opposition  to  a  manly 
criticism  of  the  capacity  of  candidates  for  the 
discharge  of  the  duties  of  the  offices  for  which 
they  are  put  forth,  and  a  fearless  criticism  of 
the  measures  which  have  been  pursued  by  the 
two  parties. 

"Our  opponents  say  there  are  not  any  longer 
any  points  of  difference  between  the  two  par- 
ties. Why,  then,  all  this  contention?  We  have 
got  all  the  offices,  say  they,  why  not  leave  us  in 
quiet  possession  of  our  very  comfortable  seats  ? 
We  might  content  ourselves  by  asking  how  you 
got  office,  what  became  of  your  complaints,  loud 
and  long,  reiterated  from  the  days  of  Jefferson 
against  displacing  faithful  and  capable  officers 
to  make  place  for  political  favorites?  Why 
have  you  discarded  President  Fillmore,  and  put 
forth  General  Scott  ?  Surely  not  for  the  gen- 
eral's peculiar  fitness  for  the  discharge  of  the 
civil  duties  of  the  office,  not  for  his  diplomatic 
skill  ?  Not  for  logic  and  perspicuity  in  prose 
writing.  He  is  beyond  all  question  a  great 
military  captain;  his  deeds  of  valor  at  Lundy's 
Lane  and  in  Mexico  have  won  for  him  imperish- 
able honor,  and  for  his  country  imperishable 
renown.  Yet  his  military  exploits  in  nowise 
qualify  him  for  the  duties  of  the  closet  any 
more  than  they  do  to  be  a  bishop. 


"  Our  political  family  is  sick.  We  must  call 
in  such  a  physician  as  will  be  most  likely  tc 
cure  the  patient,  as  we  did  in  1799.  Our  po- 
litical family  was  then  sick,  we  called  in  the 
illustrious  Jefferson  in  1800,  after  the  most  des- 
perate political  battle  ever  fought  in  any  coun- 
try. The  first  fruits  of  this  glorious  victory  was 
the  dismounting  the  twelve  midnight  judges 
whom  our  opponents  had,  in  the  agonies  of 
death,  at  the  last  moment,  endeavored  to  rivet 
on  the  people  for  life.  We  also  refused  to  con- 
tinue the  odious  alien  and  sedition  laws,  the 
land  and  the  stamp  tax,  and  reduced  the  period 
of  probation  for  exiles  from  foreign  oppression, 
before  they  could  have  the  benefit  of  citizen- 
ship, from  fourteen  years  to  five  years.  Here 
were  issues  of  the  deepest  interests,  and  why 
are  they  not  now,  as  then,  issues  between  the 
two  parties  ?  The  reason  is  obvious,  because 
we  have  whipped  our  opponents  out  of  them, 
consequently  they  are  no  longer  made  ques- 
tions. And  is  such  a  victory  any  reason  why 
the  vanquished  should  be  allowed  the  posses- 
sion of  all  political  power  and  influence? 

"  We  are  now  called  upon  to  battle  with  the 
same  party,  then  called  the  federal  party,  some- 
times the  British  party,  the  people's  party,  the 
bank  party,  and  now  the  whig  party.  No 
matter  by  what  name  they  are  designated,  it  is 
the  old  federal  party  with  which  we  have  to 
contend.  The  members  are  indignant  at  the 
neglect  of  Messrs.  Clay,  Webster,  and  Fillmore; 
yet  they  will,  before  the  day  of  battle,  for  the 
most  part,  wheel  into  the  ranks  and  play  the 
subservient  part  to  the  abolitionists.  When 
young  I  took  an  active  part  in  this  battle.  It 
is  more  than  fifty  years  since  I  addressed  a 
political  meeting  at  the  old  wigwam,  kept  by 
Mr.  Martling,  at  the  junction  of  Chatham  and 
Nassau  streets,  New  York,  urging  the  friends 
of  freedom  to  exert  themselves  in  the  good 
cause,  incurring  the  displeasure  of  the  federal 
party,  who  denominated  a  certain  class  of  us 
as  iPat  McCoy 's  Bagged  Regiment.'' 

"During  the  war  with  Great  Britain  the  na- 
tion was  in  distress  for  money  to  carry  on  the 
war.  The  federal  party  opposed  a  high  tariff. 
When  she  had  surmounted  her  financial  diffi- 
culties they  became  clamorous  for  a  high  tariff. 
During  such  a  distress  for  money  the  demo- 
cratic party  proposed  to  renew  the  laud  tax  for 
one  year,  and  the  federal  party  opposed  this 


NOMINATION    OF    PIERCE    AND    KING. 


239 


financial  measure  and  caused  the  bill  before 
Congress  to  be  rejected,  offering  to  support  it 
if  made  permanent,  as  it  was  under  the  admin- 
istration of  the  elder  Adams.  On  that  occa- 
sion the  son-in-law  of  Mr.  Jefferson,  John  W. 
Eppes,  from  Virginia,  then  chairman  of  the 
Committee  of  Ways  and  Means,  told  them  that 
the  party  had  fought  too  hard  a  battle  to  get 
rid  of  an  unnecessary  and  oppressive  tax  ever 
again  to  put  themselves  in  the  power  of  the 
President  or  of  the  Senate  to  burden  the  peo- 
ple with  that  tax  when  it  was  not  necessary ; 
that  it  had  now  become  necessary,  and  that 
they  would  impose  it  for  one  year,  at  the  end 
of  which  time  they  would  re-enact  the  law,  if 
the  necessity  continued,  and  so  on,  from  year 
to  year,  to  all  eternity;  but  that  the  House  of 
Representatives  would  never  again  yield  the 
power  of  saying  when  the  tax  should  cease. 
The  federal  party  was  obdurate  and  rejected 
the  bill.  Every  other  financial  measure  of  the 
administration  was  also  opposed  ;  yet  they  suc- 
ceeded in  bringing  the  war  to  an  honorable 
termination,  restoring  the  national  credit,  pay- 
ing off  all  its  debts,  establishing  and  maintain- 
ing the  specie  circular  and  a  specie  currency, 
and  by  establishing  the  independent  treasury 
the  finances  of  the  nation  were  separated  from 
all  banking  institutions — a  boon  worth  a  seven 
years'  war. 

"The  democratic  party  are,  and  always  have 
been,  the  strenuous  advocates  of  the  extension 
of  the  rights  of  suffrage  and  of  universal  edu- 
cation, as  the  best  means  of  preserving  our 
liberties.  We  abolished  the  law  which  made 
the  possession  of  real  estate  a  necessary  quali- 
fication for  a  vote.  This  lordly  doctrine  was 
carried  so  far  in  New  York,  previous  to  the 
election  of  Jefferson,  that  a  landholder  could 
vote  in  as  many  wards  as  he  owned  real  estate. 

'•'Believing  that  the  Constitution  does  not 
authorize  the  establishment  of  any  great  system 
of  internal  improvements,  it  is  not  necessary  to 
discuss  the  policy  of  such  a  measure;  and  that 
if  it  was  otherwise,  it  would  be  impossible  to 
have  harmonious  action  in  the  matter;  every 
village,  town,  city,  and  county  in  the  nation 
would  consider  their  claims  the  best.  Thanks 
to  the  immortal  Jackson  for  vetoing  the  Mays- 
ville  road  bill,  thereby  preserving  the  Consti- 
tution and  saving  the  national  treasury  from 
bankruptcy,  as  there  were  more  projects  con- 


nected therewith  before  Congress  than  could 
have  been  paid  for  in  a  hundred  years.  And 
while  Franklin  Pierce  is  in  favor  of  reason- 
able appropriations  for  the  improvement  of 
harbors  and  rivers,  he  denies  the  constitutional 
power  of  Congress  to  adopt  any  general  system 
of  internal  improvements  to  be  paid  for  from 
the  national  treasury;  hence  our  opponents 
assume  that  he  is  opposed  to  removing  the  raft 
in  Red  river,  and  to  deepening  the  water  at  the 
mouth  of  the  Mississippi ;  also  to  extending 
the  aid  of  the  government  to  the  Opelousaa 
and  Jackson  railroads,  by  giving  the  right  of 
way  through  the  public  domain.  In  this  they 
are  greatly  mistaken.  I  call  on  all  good  citi- 
zens to  discountenance  all  such  calumnies ; 
my  word  for  it,  he  will  be  in  favor  of  all  these 
measures. 

"  If  the  old  federal  party  should  regain  power 
and  feel  sufficiently  strong,  can  any  man  doubt 
but  that  they  will  re-enact  all  those  laws  which 
they  have  been  compelled  to  abandon.  Let 
us  take  a  retrospective  view  of  their  course. 
They  opposed  the  election  of  Jefferson,  and 
did  all  in  their  power  to  decide  the  question  in 
favor  of  Aaron  Burr.  When  Louisiana  was 
purchased,  they  villified  Jefferson,  and  accused 
him  of  beiug  under  French  influence,  of  having 
sent  the  ship-of-war  Hornet  to  the  Helder  with 
two  millions  of  money  as  a  tribute  to  Bona- 
parte; they  represented  the  money  paid  for 
Louisiana  as  so  much  thrown  away — ihat  we 
got  nothing  for  it  but  a  prairie  pig  and  salt 
mountain. 

"  When  Jackson,  the  British  minister,  was 
dismissed  for  having  insulted  the  President  and 
administration,  they  feasted  and  honored  this 
discarded  minister  with  balls  and  all  sorts  of 
attention.  Let  it  be  remembered  that  Pierce 
was  shot  at  the  helm,  when  navigating  his  un- 
armed vessel  along  our  coast  from  New  Jersey 
to  New  York,  by  a  cannon  ball  from  the  Brit- 
ish ship  Leander,  which  was  cruising  off  the 
coast. 

"  Their  course  has  ever  been  the  same.  They 
reviled  the  embargo  of  Jefferson,  the  non-im- 
portation laws  of  Madison,  the  war  with  Great 
Britain;  used  every  possible  endeavor  to  palsy 
the  arm  of  the  government,  to  blight  the  credit 
of  the  nation,  constantly  calumniating  all  those 
who  lent  money,  or  in  any  way  contributed  to 
the  prosecution  of  the  war.    They  would  not 


240 


LIFE   OF   JACOB   BARKER. 


allow  their  militia  to  cross  the  line  in  pursuit 
of  a  retreating  enemy  who,  with  their  Indian 
allies,  had  dared  to  invade  our  territory,  scalp- 
ing our  women  and  little  ones,  and  applying 
the  torch  to  every  town  and  hamlet  they  passed 
through. 

"  The  resolutions  of  Massachusetts,  that  it  was 
unbecoming  a  moral  and  religious  people  to 
rejoice  in  victories  won  in  such  a  war  as  that 
against  Great  Britain,  together  with  the  objects 
and  proceedings  of  the  Hartford  convention, 
are  sufficient  commentaries,  without  any  neces- 
sity of  enlarging  thereon.  They  were  not  for 
us,  and  therefore  against  us  ;  and  will  you  give 
such  men  power,  merely  because  they  say  there 
is  no  longer  any  difference  between  the  two 
parties,  when  not  one  of  these  differences  has 
been  yielded  until  after  battle  and  defeat.  They 
upheld  and  defended  the  Bank  of  the  United 
States,  the  most  profligate,  corrupt,  and  dan- 
gerous institution  ever  known.  They  opposed 
the  annexation  of  Texas.  They  not  only  op- 
posed the  war  with  Mexico,  but  did  all  in  their 
power  to  retard  the  prosecution  of  that  war, 
and  when  peace  came  they  did  all  they  could 
to  disparage  the  treaty. 

"  The  restrictive  measures  so  violently  op- 
posed by  the  peace  party,  brought  Great  Britain 
to  terms,  compelling  her  to  abandon  her  orders 
in  council,  which  was  done  before  she  heard  of 
the  declaration  of  war.  Had  that  event  hap- 
pened before  the  declaration  of  war,  the  Presi- 
dent was  authorized  to  rescind  by  proclamation 
the  restrictive  system.  Counting  on  his  doing 
so,  and  that  the  war  would  cease,  the  fleets  of 
Britain  did  not  reach  our  coast  for  three 
months;  nearly  all  our  vessels  therefore  got 
safely  into  port.  It  has  been  the  practice  of 
Britain  to  anticipate  other  nations  in  declaring 
war,  always  striking  the  first  blow.  This  was 
an  exception.  The  peace  party  in  the  United 
States  had  induced  their  friends  in  England  to 
believe  that  Mr.  Madison  could  not  be  '  kicked 
into  a  war,'  otherwise  the  orders  in  council 
would  have  been  repealed  much  sooner,  as 
Britain  never  intended  to  war  with  the  United 
States;  we  are  too  good  customers.  Mr.  Madi- 
son refused  to  issue  his  proclamation,  saying  it 
was  too  late,  the  war  having  begun  must  go  on, 
until  all  points  of  difference  were  settled  by 
treaty. 

"  But  for  the  native  American  principles  of 


Gen.  Scott,  democrats  could  support  him  with 
much  more  grace  than  the  whigs  can  support 
him  ;  he  was  an  original  Jeffersonian  democrat, 
the  friend  of  Madison,  the  supporter  of  all  their 
measures,  and  particularly  of  the  war  of  1812  ; 
he  also  supported  the  war  with  Mexico,  and 
vindicated  the  peace  made;  all  which  mea- 
sures the  whig  party  opposed  to  the  utmost  of 
their  power,  and  now  they  allow  their  best  men 
to  be  put  aside  by  the  office-holders,  their 
minions,  and  a  few  tavern  rowdies,  who  manage 
to  control  the  ward  and  town  meetings,  while 
the  great  body  of  the  party  decline  to  mingle 
with  the  crowd  on  such  occasions. 

"Our  opponents  don't  seem  duly  to  have 
appreciated  the  advantage  we  have  over  them. 
Had  they  considered  our  frantic  joy,  our  inde- 
scribable delight  on  the  receipt  of  the  news  of 
the  capture  of  the  Guerriere,  the  victories  of 
Perry,  McDonough,  Hull,  Brown,  Scott,  Deca- 
tur, and  others,  in  the  war  of  1812,  and  the 
news  of  the  victories  of  Taylor  and  Scott  in  the 
war  with  Mexico,  the  election  of  Jefferson, 
Madison,  Jackson,  and  our  other  successful 
chiefs,  and  compared  the  same  with  their  dis- 
appointment and  mortification  at  such  results, 
which  so  generally  pervaded  their  ranks,  they 
would  have  better  understood  matters ;  their 
envy,  and  consecpuently  their  enmity,  was  con- 
tinually excited  to  the  highest  degree,  and 
therefore  they  dwelt  in  a  most  unhappy  atmos- 
phere. 

"  All  men  are  fond  of  displaying  where  they 
think  they  perform  well.  General  Scott  seems 
to  have  an  inexhaustible  appetite  for  combat ; 
he  has  fought  his  own  battles  a3  well  as  the 
battles  of  the  democratic  party  and  the  battles 
of  the  nation. 

"  In  looking  over  the  history  of  his  life,  we 
find  him  at  odds  with  Generals  Wilkinson, 
Jesup,  Jackson,  Macomb,  Gaines,  Worth,  and 
Taylor,  the  latter  complaining  bitterly  of  the 
treatment  received  at  the  hands  of  Scott  to  the 
day  of  his  death.  We  find  him  also  at  variance 
with  Governors  Clinton  and  Marcy.  His  dis- 
position, if  not  petulant,  must  be  hasty.  To 
have  sustained  himself  under  such  a  pressure 
of  opposition  he  must  have  managed  his  affairs 
with  consummate  ability,  and  had  great  good 
luck.  However,  the  friends  of  those  great  men 
will  now  have  an  opportunity  of  putting  in  a 


NOMINATION   OP   TIERCE   AND   KING 


241 


rejoinder,   the    effect  of  which  remains  to  be 
seen. 

"General  Scott  made  a  great  mistake  in  throw- 
ing himself  into  the  arms  of  the  men  against 
whose  measures  he  had  fought  all  the  early 
part  of  his  life,  and  particularly  into  the  arms 
of  the  abolition  branch  of  that  party;  thereby 
he  has  thrown  away  thousands  of  friends  who 
would  have  gladly  supported  him  on  his  own 
individual  merits.  His  advocacy  of  the  annex- 
ation of  Canada  cannot  advance  his  interests  in 
the  southern  States,  and  his  Native  American 
doctrine  must  destroy  every  interest  he  had 
with  the  adopted  citizens. 

"  Should  the  great  body  of  the  whigs  take 
this  occasion  to  let  the  office-holders  and  their 
minions  know  that  if  they  wish  their  support 
they  must  cease  their  intrigues  against  those 
most  faithful  and  most  capable,  who  have  de- 
voted their  whole  lives  to  the  cause  of  the 
party,  should  they  do  this,  General  Scott  will 
be  left  in  a  miserable  minority. 

"  Why  was  the  Native  American  Society 
formed?  The  most  pernicious  association  ever 
formed  in  these  United  States.  Why  these  re- 
peated attempts  to  prolong  the  period  of  pro- 
bation for  naturalization,  to  exclude  good  men 
from  participating  in  the  honors  and  profits  of 
office  on  account  of  their  birthplace?  The 
reason  is  obvious,  it  flows  from  the  principle 
which  they  inherited  from  their  fathers,  and 
whenever  conceded  it  is  from  a  knowledge  of 
the  impolicy  of  any  attempts  to  revive  them. 

"  The  minister  plenipotentiary  at  London  in- 
terposed with  the  British  government  to  prevent 
those  worthy  patriots,  Emmett  and  others,  from 
emigrating  to  the  United  States,  and  thereby 
caused  their  detention  in  the  gloomy  cells  of 
British  prison-houses  for  months,  if  not  for 
years.  This  course,  although  unauthorized  by 
our  Constitution  or  laws,  was  approved  by  the 
federal  party;  and  when  this  minister  was 
brought  forward  for  the  governor's  chair  of 
New  York  Mr.  Emmett  proclaimed  the  afore- 
said fact.  For  this  presumption  the  leading 
men  of  that  party  cut  his  acquaintance,  and 
endeavored  to  trample  him  under  foot,  but  his 
many  virtues,  his  great  talents,  extensive  lite- 
rary acquirements,  and,  more  than  all,  his  un- 
surpassed eloquence,  triumphed  over  every 
opposition,  and  he  left  the  world  respected  and 
lamented  by  all.    And  is  there  an  Irishman 

16 


that  would  support  a  political  party  known  to 
be  hostile  to  all  their  aspirations  ? 

"The  Germans,  Hungarians,  Swiss,  Irish,  and 
all  others  who  have  emigrated  from  their  father- 
land, are  equally  interested  in  exerting  their 
political  influence  against  a  set  of  men  who  are 
known  to  entertain  opinions  and  feelings  ad- 
verse to  human  liberty.  I  have  fought  the 
battles  of  the  oppressed  for  fifty  years,  and  bid 
them  beware  how  they  expose  this  the  only  re- 
treat on  earth  from  the  iron  will  of  tyrants  to 
be  closed  up,  for  the  want  of  timely  precaution 
in  erecting  barriers  against  the  enemy. 

"So  highly  did  the  adopted  citizens  appre- 
ciate my  advocacy  of  their  cause  that  the  good 
old  sixth  ward  (New  York)  gave  me  a  freehold 
democratic  majority,  the  first  ever  given  in 
that  ward.  Every  possible  encouragement 
should  be  afforded  to  foreigners  to  flee  from 
their  oppressors ;  here  the  battle  of  freedom  is 
to  be  fought ;  not  a  gun  should  be  fired,  nor  a 
drop  of  blood  wasted  on  the  other  side  of  the 
Atlantic ;  to  those  of  foreign  birth  we  are  in- 
debted for  the  great  progress  in  constructing 
railroads  and  canals;  in  bringing  the  wild 
lands  under  the  dominion  of  the  plough,  hoe, 
and  sickle,  all  which  greatly  promote  com- 
merce, consumption,  and  revenue,  and  will 
enable  this  nation  to  give  law  to  the  whole 
world  one  hundred  years  sooner  than  she  other- 
wise could  do.  This  consideration  is  a  full 
equivalent  for  the  privileges  conferred  by  mak- 
ing them  citizens  of  this  republic. 

"A3  to  General  Scott,  he  was,  like  all  other 
free  citizens,  at  liberty  to  form  his  own  opinions. 
Having  done  so,  he  put  them  forth  publicly  for  . 
the  repeal  of  the  naturalization  laws.  I  lament 
to  see  so  brave  a  man  offering  modifications 
making  bad  matters  worse — he  had  much  bet- 
ter renounce  altogether  his  former  opinions 
and  come  out  manfully  for  the  cause. 

"The  idea  that  a  foreigner  who  has  served 
in  the  navy  or  army  one  or  two  years,  without 
any  other  residence,  shall  be  entitled  to  citizen- 
ship, is  very  well  in  its  place;  but  it  is  idle  to 
suppose  that  this  will  operate  favorably  on 
foreigners,  all  of  whom  are  to  be  excluded,  if 
General  Scott's  doctrines  of  repealing  all  the 
naturalization  laws  should  be  adopted,  from 
citizenship,  with  this  trifling  exception,  when 
nine  hundred  and  ninety-nine  of  every  thousand 
of  them  have  no  expectation  of  rendering  such 


242 


LIFE   OP  JACOB  BARKER. 


service  in  a  nation  at  peace  with  all  the  world, 
and  likely  to  be  so  until  the  present  generation 
has  passed  away ;  you  might  as  well  send  a 
man  to  prison  to  preserve  his  liberty. 

"  We  are  not  to  look  to  what  they  promise, 
to  what  they  profess,  and  the  expectations  they 
may  encourage.  They  are,  like  the  tree,  to  be 
judged  by  its  past  fruits ;  they  have  got  the 
offices,  the  patronage  of  the  government,  to  re- 
tain which  they  will  promise  anything  and 
everything,  sacrificing  their  best  men,  as  well 
as  all  the  political  principles  they  have  hereto- 
fore professed. 

"Suppose  they  should  elect  General  Scott, 
and  he  should  be  disposed  to  carry  out,  in  good 
faith,  every  expectation  he  encouraged,  it  would 
avail  nothing ;  he  could  not  do  it. 

"It  is  not  with  General  Scott  we  have  to 
war ;  it  is  with  the  old  federal  party.  General 
Taylor  was  elected  with  a  confident  expecta- 
tion that  he  would  not  be  the  President  of  any 
party. 

"The  good  old  man  went  to  Washington 
deeply  imbued  with  these  opinions  and  feelings, 
but  he  found  it  impossible  to  carry  on  the  gov- 
ernment without  the  co-operation  of  one  of  the 
two  great  political  parties.  The  whigs,  as  a 
party,  supported  his  election,  he,  therefore,  fell 
into  their  hands ;  and  if  there  were  no  issues 
open  or  pending,  I  would  like  to  know  why  the 
collector  of  the  port  of  New  York,  one  of  the 
most  faithful  and  capable  men  ever  in  office, 
and  ten  thousand  others,  without  any  other 
fault  than  their  political  opinions,  were  re- 
moved. 

"In  the  case  of  the  election  of  Harrison,  as 
well  as  in  the  case  of  General  Taylor,  Mr.  Clay 
was  sacrificed  by  his  political  friends,  for  the 
same  reason  that  Mr.  Fillmore  has  been  now 
sacrificed  and  Mr.  Webster  neglected. 

"  No  one  ever  has,  or  ever  will  contend,  that 
General  Harrison,  General  Taylor,  or  General 
Scott  had  talents  for  the  executive  department, 
equal  to  those  of  Mr.  Clay,  Mr.  Webster,  or 
Mr.  Fillmore.  Why,  then,  were  they  selected? 
Merely  for  their  supposed  availability,  to  en- 
able the  party  to  monopolise  the  crumbs  of 
office,  and  the  power  to  tyrannise  over  their 
fellow-men. 

"  The  magic  influence  of  the  single  word 
'availability'  seems  to  have  controlled  every 
other  consideration ;  on  this  occasion,  the  whig 


party  will  find  out  that  they  have  missed  a 
figure  in  estimating  what  would  be  available. 
Why  did  not  the  whigs  put  forth  fearlessly 
men  of  their  own  way  of  thinking,  who  had 
served  them  with  ability  and  fidelity?  Why 
oppose  all  our  proceedings,  and  then  select 
from  the  most  efficient  supporters  of  our  mea- 
sures their  standard  bearers? 

"They  opposed  the  embargo  and  non-importa- 
tion laws,  after  which  they  selected  John  Quincy 
Adams  for  their  standard  bearer,  although  one 
of  the  efficient  supporters  of  those  measures. 

"They  opposed  the  war  of  1812,  and  after- 
wards selected  General  Harrison  for  their 
standard  bearer,  who  was  among  the  most 
ardent  supporters  of  that  war. 

"They  opposed  the  war  with  Mexico,  and 
immediately  after  its  successful  termination 
they  selected  Gen.  Taylor,  distinguished  in 
that  war,  as  their  standard  bearer. 

"They  opposed  the  siege  of  Vera  Cruz  and 
the  city  of  Mexico,  and  found  fault  with  all  the 
proceedings  in  relation  to  the  Mexican  war,  as 
well  as  in  the  war  of  1812,  and  now  select 
Gen.  Scott  on  account  of  his  military  prowess 
in  those  wars. 

"This  looks  like  attempting  to  monopolize 
our  thunder,  a  course  totally  unworthy  of  a 
great,  high-minded  political  party. 

"Gen.  Scott  helped  us  to  whip  the  British, 
consequently  helped  us  to  whip  the  federal 
party.  He  helped  us  to  whip  the  Mexicans, 
consequently  helped  us  to  whip  the  whig  party. 
I  dislike  to  take  part  in  opposition  to  such  a 
man,  nor  would  I  if  I  was  not  satisfied  that,  if 
elected,  he  cannot  escape  the  designs  of  his 
abolition  and  other  whig  supporters. 

"It  is  not  strange  that  such  an  array  of  facts 
should  have  led  the  friends  of  Clay,  Webster, 
and  Fillmore  to  resolve  to  remain  at  home, 
and  not  longer  to  track  after  those  whose  only 
object  is  the  division  of  the  spoils. 

"Had  not  their  selfishness  excluded  every 
other  consideration,  they  would  not  have  embit- 
tered the  dying  moments  of  Clay  by  disregard- 
ing his  opinions  and  wishes,  by  discarding  Mr. 
Fillmore,  who  had  been  faithful  to  their  party, 
and  who  was  every  way  qualified  for  the  office, 
and  to  whom  the  only  objection  is,  that  he  is  a 
whig  of  the  old  school. 

"The  indignity  offered  Mr.  Clay  would  no 


NOMINATION    OP   PIERCE    AND    KING. 


243 


have  appeared  in  such  glaring  colors  had  they 
not  selected  in  his  place  a  military  chieftain. 
They  did  this  knowing  that  Mr.  Clay  held 
opinions  in  relation  to  military  rule,  expressed 
by  him  in  1828,  and  maintained  ever  after, 
namely : 

"'I  had  thought  that  if  any  one  more  than 
all  other  principles  characterized  the  term  "Re- 
publican Part}',"  it  was  their  ardent  devotion  to 
liberty.  I  had  supposed  that  the  doctrines  of 
that  school  had  taught  us  to  guard  against  the 
danger  of  standing  armies,  to  profit  by  the 
lessons  which  all  history  inculcates,  and  never 
to  forget  that  liberty  and  the  predominance  of 
the  military  principle  were  utterly  incompatible. 
In  this  modern,  new  fangled  and  heterogeneous 
party,  Cromwell  and  Caesar  have  recently  found 
apologists.  The  judgment  of  centuries  is  re- 
versed, long  established  maxims  are  overturned. 
The  Ethiopian  is  washed  white,  and  the  only 
genuine  lovers  of  liberty  were  the  Philips,  the 
Caesars,  the  Cromwells,  the  Mariuses  and  the 
Syllas  of  the  former  ages. 

" '  It  is  time  for  slumbering  patriotism  to 
awake,  when  such  doctrines  as  these  are  put 
forth  from  the  Capitol  and  from  popular  assem- 
blies. It  is  time  that  the  real  republican 
party — that  party,  under  whatever  flag  its  mem- 
bers may  have  heretofore  acted,  that  party 
which  loves  freedom  for  freedom's  sake — justly 
to  estimate  the  impending  perils,  and  to  pro- 
ceed with  an  energy  and  union  called  forth  by 
the  existing  crisis  in  the  republic' 

"  The  soundness  of  Mr.  Clay's  views  are 
sadly  exemplified  in  the  military  despotism  to 
which  France  is  now  subject.  What  encour- 
agement have  the  young  whigs  to  exert  them- 
selves in  the  cause  of  such  a  party,  who  slight 
merit  and  who  overlook  the  essential  services 
rendered ;  with  whom  talent  and  merit  are  no 
longer  a  passport  to  preferment. 

"  The  democrats  nominated  Jackson  for  the 
qualities  of  his  mind  particularly  adapted  to 
the  duties  to  be  discharged ;  Jefferson  for  his 
transcendent  talents,  patriotism,  and  diplomatic 
skill ;  and  the  immaculate  Madison  for  his  pri- 
vate worth  and  just  appreciation  of  the  people's 
rights. 

"  The  war  against  Britain  was  absolutely  ne- 
cessary; she  trampled  upon  our  rights;  she  cut 
us  off  from  the  trade  of  the  principal  European 
nations  by  her  paper  blockades ;  she  impressed 
our  citizens  from  our  vessels,  and  made  them 
fight  her  battles;  she  seized  our  ships  and  plun- 
dered their  cargoes  on  the  high  seas;  she  com- 
elled  them  on  the  great  highway  of  nations, 


returning  from  friendly  ports  with  the  proceeds 
of  our  produce,  to  call  at  her  ports,  pay  a  duty 
thereon,  and  take  a  license  to  come  home.  On 
the  arrival  of  the  first  ship  at  Baltimore  what 
did  our  people  do?  She  was  from  Holland, 
with  a  cargo  of  gin,  purchased  with  a  cargo  of 
Carolina  cotton ;  they  took  the  gin  to  the  fields 
and  made  a  bonfire  of  it.  The  President  had 
no  alternative  but  to  recommend  war  against  a 
nation  practicing  such  outrages,  and  who  had 
turned  a  deaf  ear  to  all  our  remonstrances. 

"In  evidence  of  Mr.  Madison's  great  worth, 
I  beg  leave  to  call  the  reader's  attention  to  a 
letter  of  General  Washington,*  for  the  publica- 
tion of  which  we  are  indebted  to  the  Hon. 
Pierre  Soule,  who  introduced  it  in  his  speech 
in  the  United  States  Senate,  for  which,  as  well 
as  for  the  able  and  eloquent  manner  in  which 
he  has  represented  this  State,  I  feel  very  much 
indebted  to  him.  Although  always  an  admirer 
of  Mr.  Madison,  I  never  before  met  this  letter ; 
his  extreme  modesty,  like  that  of  Franklin 
Pierce,  would  not  allow  him  to  give  it  to  the 
public,  although  the  author  had  been  many 
years  dead  when  Madison  was  canvassing  for  the 
presidency,  and  assailed  throughout  the  whole 
breadth  of  the  nation  most  violently  by  men 
claiming  to  be  the  disciples  of  Washington. 

u  Such  are  the  men  the  democratic  party 
selected  to  carry  out  their  principles,  and  it  is 
such  men  who  will  prove  to  be  the  most  avail- 
able ;  hence  the  friends  of  good  government 
anticipate  with  the  utmost  confidence  the  elec- 
tion of  Franklin  Pierce  and  William  R. 
King  by  triumphant  majorities. 

"Jacob  Barker." 

Mr.  Madison's  second  presidential  term  being 
about  expiring,  the  friends  of  Mr.  Clay  confi- 
dently expected  that  he  would  succeed  to  the 
presidency.  It  was  supposed  that  on  his  re- 
turn from  his  peace  mission  to  Ghent  he  would 
be  the  most  popular  candidate.  Mr.  Barker 
was  among  his  admirers,  and  when  the  packet, 
on  which  he  and  his  associate,  Mr.  Gallatin, 
had  embarked,  was  signalized,  off  Sandy  Hook, 
a  hard  norther  prevailing  at  the  time,  a  revenue 
cutter,  with  Mr.  Barker  on  board,  was  dis- 
patched to  bring  them  to  the  city.  What  was 
called  the  "era  of  good  feelings"  had  taken 
too  deep  a  root,  which,  aided  by  the  patronage 
*  To  be  found  in  page  33  of  Uiis  book. 


244 


LIFE   OP  JACOB   BARKER. 


and  influence  of  the  then  administration,  was 
too  powerful  to  be  resisted.  Mr.  Clay  had 
been  too  ardent  a  democrat  to  suit  the  times 
and  he  declined  to  allow  his  name  to  be  used 
in  opposition  to  the  Congressional  caucus, 
which  had  decided,  by  a  small  majority,  in 
favor  of  Mr.  Monroe. 

Mr.  Clay  and  Mr.  Gallatin  were  both  sterling 
democrats  of  the  Jefferson  school,  although 
they  subsequently  became  estranged  from  the 
party,  the  cause  of  which  is  too  well  known  to 
require  comment. 

When  the  nation  was  agitated  with  the  Cuba 
question  and  the  question  of  neutral  rights, 
growing  out  of  the  coalition  between  France 
and  England,  pretending  an  extension  of  neu- 
tral rights  and  hostility  to  privateering,  Mr. 
Barker  made  the  following  publication  in  a 
New  Orleans  paper : 

"  PRIVATEERING. 

"When  a  boy,  my  uncle  told  me  not  to  go 
fishing  where  I  could  not  get  a  glorious  nibble, 
much  less  a  bite.  Queen  Victoria  seems  to 
have  profited  by  the  same  admonition;  hence 
the  significant  words  in  her  declaration  of  war 
against  Russia : 

"  'It  is  not  the  present  intention  of  her  ma- 
jesty to  issue  letters  of  marque  for  the  com- 
missioning of  privateers.' 

"A  useless  expense  it  would  be  to  send  out 
privateers  against  Russia,  when  she  has  no 
foreign  commerce,  and  when  the  allied  powers 
proclaim  the  blockade  of  the  Baltic  and  Black 
sea;  consequently,  when  the  ice  disappears, 
the  blockade  will  not  allow  bait  enough  to  es- 
cape to  attract  a  glorious  nibble,  much  less  an 
electrifying  bite.  Hence  this  contrivance  to 
induce  all  sailors  to  enter  on  board  national 
ships.  Well  may  the  English  and  French  say 
for  the  present  privateering  will  not  be  allowed, 
in  the  hope  of  cajoling  the  United  States  into 
such  an  arrangement. 

"The  only  arrangement  the  United  States 
will  make  is  that  private  property  shall  be 
respected,  at  sea  and  on  shore,  during  war  the 
same  as  during  peace.  Anything  short  of  this 
would  go  to  allowing  the  large  fleets  of  the 
enemy  to  annihilate  our  commerce,  without  a 
corresponding  effect  from  our  privateers  on 
their  commerce.  What  we  insist  on  is  the 
right  of  firing  our  pistols  so  long  as  they  fire 
their  big  guns. 

"In  case  we  should  be  drawn  into  war,  self- 
preservation  will  force  on  us  the  necessity  of 
exerting  all  the  power  which  God  and  the  arts 
have  conferred  on  us  to  do  mischief  to  the 
enemy. 

"We  do  not  understand  why  France  and 
England  should,  at  this  particular  juncture, 
attempt  to  embroil  the  United  States  in  this 


matter.  She  is  at  peace  with  all  the  world; 
knows  her  duties  to  the  different  belligerents ; 
and,  while  she  scrupulously  performs  those 
duties,  she  will  not  degrade  herself  by  an  agree- 
ment not  to  sin. 

"Those  good  souls  are  now  prating  about 
the  immorality  of  privateering';  they  should  re- 
member that  their  national  ships  of  war  stole 
flour  from  the  quakers  at  Alexandria,  after 
having  applied  fire  and  fagot  to  the  legislative 
hall  and  literary  institutions,  and  to  the  Pre- 
sident's house  at  Washington — the  unfortified 
city. 

"In  the  battle  of  trying  which  can  do  the 
other  the  most  harm,  our  main  reliance  will  be 
on  the  enterprize,  intrepidity,  and  powers  of 
our  brave  tars,  in  which  traits  of  character 
they  excel  those  of  all  other  nations.  Well 
may  the  British  and  their  allies  wish  us  to 
abandon  the  use  of  that,  the  most  powerful  en- 
gine we  have,  to  make  the  war  tell. 

"But  the  friends  of  good  morals  preach  as 
much  as  they  please  against  war  in  all  its 
forms ;  without  any  of  this  hypocritical  whining 
about  any  particular  branch  or  form  of  war, 
we  admit  that  it  is  all  wrong,  and  should  be 
avoided  whenever  it  can  be  done  consistently 
with  national  honor. 

"Our  alleged  appetite  for  Cuba  seems  to  at- 
tract much  attention  in  Britain.  Although 
fond  of  sweet  things,  we  do  not  want  Cuba ; 
we  have  already  more  sugar  land  than  we  can 
make  profitable.  What  we  do  want  is  to  see 
the  oppressed  Creoles  of  that  beautiful  island 
rise  in  their  might  and  break  the  chains  im- 
posed on  them  by  their  despotic  rulers.  All 
that  is  required  to  enable  them  to  effect  so  holy 
a  purpose  is  the  repeal,  on  our  part,  of  what 
are  called  the  neutral  laws — not  an  increase  of 
our  navy.  Relieve  the  people  of  all  apprehen- 
sion of  government  interference,  and  remove 
all  penalties,  and  they  will  at  once  do  the  need- 
ful towards  aiding  the  Cubans  to  establish  and 
maintain  their  independence. 

"NESTOR." 

ADOPTED  CITIZENS. 

Great  efforts  had  always  been  made  by  the 
party  in  opposition  to  the  democratic  adminis- 
tration of  the  general  government  to  induce 
adopted  citizens  to  vote  their  ticket ;  one  of 
the  means  resorted  to  by  a  few  thoughtless 
electioneers  was,  to  induce  a  judge  at  Lafayette, 
of  their  own  party,  to  issue  naturalization 
papers  to  persons  not  duly  qualified ;  the  op- 
posing party  discovering  this,  some  of  their  elec- 
tioneers, equally  thoughtless,  used  this  judge 
in  the  same  way  in  favor  of  their  party.  This 
thing  becoming  public  produced  a  great  ex- 
citement, and  became  the  subject  of  legislative 
investigation.    At  this  time  Mr.  Barker  had 


ADOPTED   CITIZENS. 


245 


been  appointed  one  of  the  inspectors  of  the 
pending  election.  The  selection  of  inspectors 
was  vested  in  the  opposition  party,  consequently 
two-thirds  were  of  their  political  faith.  They 
held  a  caucus  and  resolved  to  reject,  without 
investigation,  the  votes  of  all  who  had  been 
naturalized  by  the  said  judge ;  he  had  been 
many  years  in  office,  and  issued  a  large  num- 
ber of  legitimate  certificates  of  naturalization. 
Mr.  Barker  considering  such  indiscriminate 
rejection  would  be  a  violation  of  his  oath,  an 
invasion  of  the  vested  rights  of  many  citizens, 
notified  the  court  from  whom  he  received  his 
appointment  that  he  could  not  be  a  party  to 
the  carrying  out  of  this  manifest  injustice,  and 
asked  the  appointment  of  another  in  his  place  ; 
the  request  was  not  granted.  The  election 
came  on  in  the  rotunda  of  the  St.  Charles 
Hotel.  It  was  filled  to  overflowing.  On  the 
presentation  of  naturalization  papers  from  the 
judge  in  question,  it  was  proposed  to  reject 
them  without  investigation.  This  was  re- 
sisted by  Mr.  Barker,  who  insisted  that  the 
case  should  remain  under  consideration  the 
whole  day  and  no  other  vote  received  until  it 
was  decided,  providing  the  other  inspectors 
adhered  to  the  objectionable  caucus  resolution; 
this  produced  very  great  excitement  among 
those  attending  the  polls.  Violent  speeches 
were  made  threatening  personal  violence.  Mr. 
Barker  remained  calm  and  firm  in  his  purpose. 
The  matter  was  compromised  by  the  adoption 
of  a  separate  box  in  which  to  deposit  ballots 
of  all  persons  who  had  been  naturalized  by  the 
said  judge,  that  they  might  be  subsequently 
investigated  by  competent  authority,  after  which 
the  election  was  conducted  with  great  har- 
mony. The  majority  being  greater  than  could 
be  controlled  by  these  votes,  no  investigation 
took  place. 

Mr.  Barker  never  has  taken  part  in  secta- 
rianism of  any  kind;  he  has  been  admonished 
by  the  history  of  the  persecution  of  the  quakers 
and  other  sects  to  be  aware  of  how  he  en- 
couraged the  feeling  that  seems  to  be  growing 
up  against  the  Roman  Catholics ;  there  are 
good  and  bad  in  all  societies ;  they  should  be 
allowed  to  work  out  their  own  salvation  in 
their  own  way  and  not  pin  their  faith  to  the 
sleeve  of  another.  In  the  affairs  of  every  in- 
dividual religion  is  his  republic,  which  he 
should  be  allowed  to  govern  in  his  own  way ; 


it  is  a  secret  converse  between  him  and  his 
creator,  and  the  most  acceptable  worship  we 
can  perform  is  in  our  closets,  in  secret  devotion, 
removed  from  human  observation.  All  we 
have  to  do  is  to  keep  our  hearts  clean  and  con- 
tinually in  a  state  of  prayer;  observe  this 
every  one  according  to  the  forms  of  his  own 
religion  without  inquisitorial  interference. 

Those  who  inconsiderately  embark  in  the 
present  crusade  against  foreigners  and  Catho- 
lics ought  to  remember  that  it  may  be  their 
turn  next  to  fall  under  the  influence  of  fanati- 
cism or  party  spirit.  Nothing  is  more  uncer- 
tain or  unstable  than  political  or  public  favor; 
and  Mr.  Barker  would  suggest  to  those  who 
are  crying  out  loudly  against  foreigners  to  con- 
sider how  far  we,  as  a  nation,  are  indebted  to 
them  for  our  prosperity  and  present  condition. 
Those  from  every  clime  have  been  eminently 
useful;  the  Irish  were  particularly  so  in  rhe 
revolutionary  war.  An  account  of  the  services 
of  some  of  those  from  the  Emerald  Isle  will  be 
found  in  the  history  of  the  Irish  settlers  of 
North  America,  from  which  the  following  is 
taken : 

[From  the  History  of  the  Irish  Settlers  in  North  America.] 

"  The  first  blow  struck  for  American  inde- 
pendence was  by  an  Irishman.  News  having 
reached  Portsmouth,  New  Hampshire,  that  the 
export  of  gunpowder  into  America  was  'pro- 
claimed,' Major  John  Sullivan  and  John  Lang- 
don,  Irishmen,  with  a  company  of  the  towns- 
men, surprised  the  fort  of  Newcastle,  took  the 
captain  and  five  men,  carried  off  one  hundred 
barrels  of  gunpowder,  fifteen  light  cannon,  and 
the  entire  of  the  small  arms,  all  of  which  after- 
wards did  effectual  service  at  Bunker  Hill. 
For  this  act  Sullivan  and  Langdon  were  elected 
to  the  Continental  Congress,  which  met  in  May 
1775,  and  Sullivan  was  the  same  year  ap- 
pointed by  that  body  one  of  the  eight  brigadiers 
general  of  the  American  army. 

"The  following  Irishmen  commanded  at  the 
battle  of  Bunker  Hill :  Stark  and  Reed,  both 
of  Londonderry,  Ireland,  commanded  the  New 
Hampshire  militia,  led  on  by  Brigadier  Gen- 
eral Sullivan,  Major  Andrew  McClary,  whose 
great  size  and  desperate  valor  made  him  pecu- 
liarly conspicuous,  fell  while  crossing  'the 
Neck ;'  eighteen  others  of  Stark  and  Reed's 
command  were  killed,  and  89  were  wounded 
in  the  same  eventful  field.  The  contribution 
of  the  Irish  settlement  in  New  Hampshire,  to 
the  revolutionary  forces,  may  be  judged  from 
the  share  of  the  small  town  of  Bedford. 

"Colonel  Daniel  Moore,  Major  John  Coffe. 
Captain  Thomas  McLaughlin,  Lieutenant  J, 
Patten  and  five  sons,  and  63  others,  in  all  72, 


246 


LIFE    OF   JACOB   BARKER. 


many  of  whom  lost  their  lives  in  the  glorious 
cause  of  their  country. — History  Colony  of  N. 
Hampshire,  vol.  1,  page  291.  Brigadier  Gen- 
eral Richard  Montgomery,  also  commander  at 
Bunker  Hill  and  during  the  course  of  the  war. 
A  full  third  of  the  active  chiefs  of  the  army 
were  of  Irish  birth  or  descent.  Of  the  rank 
and  file,  New  Hampshire's  contingent  were  in 
great  part  of  Irish  origin,  and  in  other  colonies 
recruiting  prospered  in  the  Irish  townships. 
The  command  of  the  ordnance  department 
was  conferred,  by  Washington,  on  Henry  Knox. 
The  Irish  in  New  York  early  enlisted  in  the 
cause  of  the  revolution,  and  James  Clinton, 
Irish,  in  1775,  was  elected  colonel  of  the  third 
regiment  raised  in  that  colony.  His  brother- 
in-law,  Colonel  James  McCleary,  commanded 
in  the  same  militia,  and  is  called  'one  of  the 
bravest  officers  America  can  boast.'  The  elder 
brother,  George  Clinton,  after  the  death  of 
Montgomery,  was  appointed  brigadier  general 
for  New  York,  and  in  1776,  with  his  two  kins- 
men, gallantly  defended  the  unfinished  forts  on 
the  Hudson,  and  held  the  Highlands  against 
the  repeated  assaults  of  the  British  general, 
Sir  H.  Clinton.  By  this  check  he  prevented 
the  junction  of  that  commander  with  General 
Burgoyne,  which,  with  General  Stark's  (Irish) 
victory  at  Bennington,  cut  him  off  from  either 
base,  and  compelled  his  surrender  at  Saratoga — 
a  victory  which  completed  the  French  alliance 
and  saved  the  revolutionary  cause. 

"In  Pennsylvania,  where  the  Irish  were  more 
densely  settled,  their  martial  ardor  was  equally 
conspicuous.  They  inhabited  chiefly  in  Ulster 
and  Chester  counties,  and  in  Philadelphia.  In 
the  summer  of  1775  Congress  ordered  the  rais- 
ing of  several  regiments  in  Pennsylvania,  and, 
among  the  rest,  gave  commissions  to  Colonel 
Anthony  Wayne,  William  Irvine,  William 
Thompson,  Walter  Stewart,  Stephen  Moylan, 
and  Richard  Butler,  all  Irishmen.  The  regi- 
ments of  Wayne,  Irvine,  Butler,  and  Stewart, 
formed  part  of  the  famous  '  Pennsylvania  line.' 
Thompson's  was  a  rifle  regiment.  Moylan,  a 
native  of  Cork,  after  being  aid-de-camp  to 
Washington,  and  commissary  general,  was 
finally  transferred  to  the  command  of  the  dra- 
goons ;  and  in  almost  every  severe  action  of 
the  war,  where  cavalry  could  operate,  we  meet 
with  the  fearless  'Moylan's  dragoons.'  Doctor 
Edmund  Hand,  who  came  to  Canada  with  the 
Irish  brigade  as  surgeon,  was  appointed  lieu- 
tenant colonel  in  Thompson's  regiment,  and 
on  the  1st  of  March,  1776,  raised  to  the  full 
rank  of  colonel,  and  on  the  1st  of  April,  1777, 
was  promoted  to  be  a  brigadier  general. 
Colonel  Butler,  a  sound  shoot  of  the  Ormond 
tree,  and  his  five  sons,  displayed  equal  zeal, 
and  merited  from  Lafayette  the  compliment 
that  whenever  he  'wanted  anything  well  done 
he  got  a  Butler  to  do  it."  So  actively  did 
these  gentlemen  exert  themselves  that  on  the 
14th  of  August,  1776,  a  great  part  of  the  Penn- 
sylvania line  arrived  in  the  camp  at  Cambridge, 


which  enabled  General  Washington,  by  the 
beginning  of  September,  to  put  his  plans  for 
the  siege  of  Boston  into  execution. 

"The  first  commodore  in  the  American  navy 
was  John  Barry,  a  native  of  county  Wexford, 
Ireland.  He  has  been  called  by  naval  writers 
'the  father  of  the  American  navy.'  The  per- 
sonal character  of  Commodore  Barry  was 
made  of  noble  stuff.  When  Lord  Howe 
tempted  him  by  a  vast  bribe  and  an  offer  of  a 
British  ship  of  the  line,  he  replied:  'He  had 
devoted  himself  to  the  cause  of  his  coun- 
try, and  not  the  value  or  command  of  the 
whole  British  fleet  could  seduce  him  from  it.' 
He  never  was  ashamed  of  his  native  land,  and, 
after  the  peace  of  Paris,  paid  a  visit  to  the 
place  of  his  birth,  which  fact  is  still  remem- 
bered with  gratitude  in  his  native  parish. 
When  hailed  by  the  British  frigates  in  the 
West  Indies,  and  asked  the  usual  questions  as 
to  the  ship  and  captain,  he  answered:  'The 
United  States  ship  Alliance,  saucy  Jack  Barry, 
half  Irishman,  half  Yankee — who  are  you  ?' 

"In  1778,  Captain  James  McGee,  (Irish,) 
while  commanding 'in  the  service  of  the  com- 
monwealth,' was  shipwrecked  in  Massachu- 
setts bay,  and  seventy-two  of  his  men  lost. 
Two  of  the  earliest  prizes  carried  into  the 
United  States  were  captured  by  five  brothers 
of  Machias,  named  O'Brien,  natives  of  Cork, 
two  of  whom,  Jeremiah  and  John,  afterwards 
held  naval  commissions. 

"On  board  the  other  ships  of  the  new  navy 
were  several  Irish  officers  of  minor  grades, 
some  of  whom  afterwards  rose  to  independent 
commands.  Every  one  knows  that  Porter  was 
of  Irish  descent,  and  McDonough  of  Irish 
birth.  Under  Commodore  Barry,  the  most  bril- 
liant ornaments  of  the  American  navy  were 
trained — such  as  Murray,  Dale,  Decatur,  and 
Stewart — all  of  whom  became  conquerors  and 
commanders.  In  the  war  of  1812,  all  Barry's 
pupils  rose  to  eminent  distinction.  Colonel 
Fitzgerald,  another  Irish  officer,  was  aid-de- 
camp to  General  Washington.  Of  the  ninety- 
three  Philadelphia  merchants  who,  in  June, 
1780,  pledged  their  property  to  raise  funds  to 
supply  the  troops  who  were  in  a  state  of  mu- 
tiny— and  only  for  the  extraordinary  efforts  of 
patriotism  on  the  part  of  these  merchants  the 
army  would  have  utterly  fallen  to  pieces — 
twenty  of  those  merchants  were  of  Irish  origin, 
and  subscribed  nearly  half  a  million  of  dol- 
lars. Charles  Thompson,  an  Irishman,  in  1774* 
was  chosen  secretary  to  the  first  Congress,  and 
continued  in  that  onerous  office  until  1789, 
when  the  formal  adoption  of  the  Constitution 
closed  his  functions.  He  wrote  the  Declaration 
of  Independence  from  Jefferson's  draft,  and 
was  the  medium  through  which  Franklin  re- 
ceived his  instructions,  aud  Washington  was 
informed  of  his  election  for  the  first  President 
of  the  Union.  He  died  on  the  16th  of  August, 
1824,  within  ten  miles  of  Philadelphia.  Mr. 
John  Dunlap,  a  native  of  Strabane,  Ireland,. 


POLITICAL   PARTIES. 


247 


who,  in  1771,  issued  the  'Pennsylvania 
Packet,'  (the  first  daily  paper  published  in 
America,)  was  printer  to  the  convention  in 
1774,  and  to  the  first  Congress,  and  was  the 
first  who  printed  the  Declaration  of  Independ- 
ence. That  august  document,  copied  by 
Charles  Thompson,  was  also  first  read  to  the 
people,  from  the  centre  window  of  the  hall  in 
which  Congress  first  met  by  Colonel  John 
Nixon,  an  Irishman.  In  1S15,  Alderman  John 
Binns,  of  Philadelphia,  another  Irishman,  pub- 
lished the  document  for  the  first  time,  with  a 
fac  simile  of  the  signers'  signatures. 

"The  Declaration  of  Independence  wassigned 
by  fifty-six  names,  of  whom  nine  were  of  Irish 
origin.  Mathew  Thornton,  born  in  Ireland, 
1714,  signed  for  New  Hampshire;  James 
Smith,  born  in  Ireland,  1713,  signed  for  Penn- 
sylvania ;  George  Taylor,  for  same  State,  born 
in  Ireland,  1716  ;  George  Reade,  signed  for 
Delaware,  he  was  born  of  Irish  parents.  It 
was  he  who  answered  the  British  tempter — '  I 
am  a  poor  man,  but,  poor  a3  I  am,  the  King  of 
England  is  not  able  to  buy  me.'  Charles  Car- 
roll, of  Carrolton,  was  of  Irish  descent,  and 
very  wealthy  :  Thomas  Lynch,  for  South  Caro- 
lina, of  Irish  descent,  as  was  also  Thomas 
McKean,  who  signed  for  Pennsylvania,  and 
Edward  Rutledge,  for  South  Carolina." 

General  Lafayette,  of  France,  De  Kalb,  of 
Germany,  Kosciusko,  of  Poland,  Pulaski  and 
others,  also  fought  valiantly  in  the  war  of  our 
independence.  The  reader  should  think  of 
this,  and  allow  justice  to  triumph  over  all  other 
considerations. 

Adopted  citizens  are  generally  fired  with 
democracy,  and  vote  the  republican  ticket. 
This  is  their  great  offence.  Should  they  em- 
brace the  opposite  party,  and  support  their 
candidates  with  half  the  zeal  they  do  the  other, 
we  should  not  hear  a  word  of  this  opposition, 
except  where  it  might  be  fostered  by  the  anti- 
republican  spirit  of  sectarian  bigotry.  As  to 
their  participating  in  office  with  natives  after 
they  become  citizens,  there  does  not  seem  any 
good  reason  for  denying  to  men  who  have  to 
fight  for  the  country,  to  pay  taxes,  to  serve  as 
jurors  and  as  firemen  equally  with  the  na- 
tives, a  participation  in  this  boon.  It  is  un- 
fortunate that  a  love  of  office  too  generally 
pervades  the  human  breast,  although  it  dam- 
ages all  those  who  take  office. 

Foreigners  flying  from  European  oppression 
are,  by  our  Constitution,  wisely  framed  by  the 
founders  of  our  liberty,  invited  to  this  happy 
land.  Their  children  intermarry  with  ours, 
their  bones  are  to  bleach  the  same  fields  with 
ours.     They  have  dug  our  canals,  constructed 


our  railroads  ;  they  fill  the  ranks  of  our  army, 
and  have  greatly  aided,  by  their  labor,  in  en- 
riching our  country.  Are  these  boons  to  be 
considered  as  nothing  worth?  Would  it  be 
fair  or  just  to  deny  to  them  the  fulfillment  of 
the  conditions  on  which  they  left  their  homes 
and  became  willing  to  inhabit  a  foreign  land 
among  strangers,  and  to  encounter  the  hazards 
of  our  climate?  Would  it  be  wise  to  have 
hundreds  of  thousands  of  hardy,  industrious, 
enterprising  men  scattered  over  the  whole  na- 
tion in  a  state  of  proscription,  who  could  be 
brought  into  action  by  one  common  principle, 
without  any  arrangement  or  co-operation,  and 
who,  to  free  themselves  from  these  invidious 
marks  of  distinction,  would  be  ready  on  the 
sounding  of  a  single  word,  to  give  effect  to  a 
principle  adverse  to  the  common  good?  Far 
better  will  it  be  to  consider  all  of  the  same 
family  and  all  laboring  for  the  same  object. 
POLITICAL  PARTIES. 

The  New  York  Herald  suggests  that  a 
brief  sketch  of  the  various  political  parties  of 
the  United  States  may  not  be  uninteresting, 
particularly  to  those  whose  recollections  do  not 
extend  beyond  the  formation  of  the  present 
national  parties,  which  have  divided  the  people 
of  the  United  States  for  the  last  twenty  years. 

"During  the  American  revolution  the  only 
political  parties  known  were  those  of  whigs 
and  tories — the  former,  comprising  the  great 
mass  of  the  people,  being  favorable  to  the 
revolution  ;  and  the  latter,  few  in  number,  call- 
ing themselves  loyalists,  were  opposed  to  throw- 
ing off  the  yoke  of  the  British  government. 
After  the  war  the  tories  mingled  with  the  par- 
ties that  were  afterwards  formed,  some  of  them 
joining  the  federalists,  and  others  becoming 
part  of  the  republican  or  democratic  party. 
The  federal  party  arose  on  the  formation  of 
the  Constitution  of  the  United  States  by  a  con- 
vention of  delegates  at  Philadelphia,  in  1787. 
The  adoption  of  the  Constitution  by  the  several 
States,  in  conventions  of  delegates  called  for 
that  purpose,  was  carried,  after  severe  contests, 
in  some  of  the  States,  and  nearly  unanimously 
in  others.  The  friends  of  the  Constitution  as- 
sumed the  name  of  federalists,  while  its  oppo- 
nents were  called  anti-federalists ;  and  that 
was  the  state  of  parties  when  the  Constitution 
went  into  operation,  in  1789.  The  national 
government,  although  one  of  deliberate  con- 
sent, encountered  from  its  formation  a  power- 
ful opposition.  Washington,  John  Adams,  and 
Hamilton  were  at  the  head  of  the  friends  of 
the  Constitution  when  the  first  administration 
was  formed.  In  the  first  Congress  there  was 
a  considerable  number  of  members  who  had 


248 


LIFE   OF   JACOB   BARKER. 


opposed  the  adoption  of  the  Constitution  by 
their  respective  States.  In  addition  to  these 
there  were  some  members  who  had  supported 
the  Constitution  in  the  national  and  State  con- 
ventions, but  now,  from  various  causes — prin- 
cipal]}', however,  from  a  desire  to  sustain  them- 
selves in  their  own  States  or  districts,  where 
the  Constitution  was  deemed  unpopular — 
joined  the  opposition  to  the  administration  of 
Washington.  Among  these  may  be  mentioned 
Mr.  Madison,  of  Virginia;  Mr.  Langdon,  of 
New  Hampshire  ;  Doctor  Williamson,  of  North 
Carolina;  Mr.  Baldwin,  of  Georgia,  and  others. 
Thus  was  formed  what  was  afterwards  called 
the  republican  party,  the  name  of  anti-federal- 
ists being  disavowed  by  those  who  declared 
themselves  friendly  to  the  Constitution.  It 
should  be  noticed  that  this  republican  party 
was  formed  before  Mr.  Jefferson  returned  from 
France.  The  first  session  of  the  first  Congress, 
which  was  held  at  New  York,  occupied  nearly 
six  months — from  the  early  part  of  April  to 
the  29th  of  September,  1789.  Mr.  Jefferson 
returned  from  a  mission  to  France  in  Novem- 
ber, 1789,  and  assumed  the  duties  of  Secretary 
of  State  in  March,  1790,  while  the  first  Con- 
gress was  holding  its  second  session  at  New 
York,  parties  having  been  already  formed  at 
the  previous  session,  and  the  opposition  called 
republican,  acting  under  the  leadership  of  Mr. 
Madison.  With  this  opposition  party  Mr.  Jef- 
ferson immediately  sympathized,  from  his  dis 
like  to  the  strong  measures,  tending  to  consoli- 
dation, recommended  by  Washington,  Hamil- 
ton, and  other  leaders  of  the  federal  party.  Mr. 
Jefferson  did  not  hesitate  to  call  the  federal 
leaders  monarchists,  and  hence  acknowledged 
the  propriety  of  denominating  his  own  political 
friends — the  opponents  of  Washington's  ad- 
ministration— republicans. 

"  In  the  first  Congress  parties  were  nearly 
equally  divided.  The  opposition  elected  John 
Langdon,  of  New  Hampshire,  President  pro 
tempore  of  the  Senate,  and  Frederick  A.  Muh- 
lenberg, of  Pennsylvania,  Speaker  of  the  House 
of  Representatives ;  but  they  were  chosen  in 
the  first  part  of  the  first  session,  when  party 
lines  were  not  strictly  drawn.  The  Washing- 
ton administration  were  enabled  to  carry  all 
the  important  measures  which  they  brought 
forward  through  both  Houses  of  Congress. 

"  The  federalists  continued  to  call  the  oppo- 
nents anti-federalists,  by  which  they  meant 
enemies  to  the  Constitution,  until  the  year 
1793,  when  citizen  Genet  arrived  in  this  country, 
as  the  ambassador  from  the  French  republic. 
The  opposition  to  the  administration  of  Wash- 
ington warmly  sympathized  with  the  French 
republicans,  and  received  Genet  with  open 
arms,  although  he  sought  to  involve  the  United 
States  in  a  war  with  Great  Britain,  and  issued 
commissions  to  vessels  of  war  to  sail  from 
American  ports  and  cruise  against  the  enemies 
of  France.  It  appears  to  have  been  expected 
in  France  that  the  United  States  would  engage 


on  its  side  from  treaty  stipulations  or  inclina- 
tion, against  England.  Washington  and  his 
cabinet  were  of  opinion  that  this  country  was 
not  bound  to  take  part  in  a  war  begun  by 
France;  and  in  April,  1793,  the  celebrated 
proclamation  of  neutrality  by  President  Wash- 
ington was  issued,  which  has  been  the  guide 
of  the  nation  ever  since  in  affairs  with  foreign 
nations. 

"  M.  Genet  was  said  to  have  introduced  into 
this  country  the  idea  of  'democratic  societies,' 
which  were  first  formed  in  the  United  States 
about  this  time,  in  imitation  of  the  Jacobin 
clubs  in  Paris.  After  the  fall  of  Robespierre, 
these  clubs  or  secret  societies  fell  into  disre- 
pute both  in  France  and  America.  From  this 
time  the  federalists  stigmatized  their  political 
opponents  as  'Democrats,'  but  they  always 
refused  to  acknowledge  the  name,  and  called 
themselves  '  Republicans,'  and  their  opponents 
'Tories,'  'Monarchists,'  or  'Aristocrats,'  ac- 
cording to  circumstances.  Some  of  the  vio- 
lent federalists  called  their  opponents  'Jaco- 
bins,' but  the  name  never  grew  into  general 
use.  It  is  to  be  observed  that  Mr.  Jefferson,  in 
his  writings,  never  used  the  name  of  '  demo- 
crat' as  applied  to  his  political  friends,  but 
uniformly  calls  them  'Republicans.'  The 
federalists,  however,  always  called  them,  in 
derision  or  otherwise,  'Democrats,'  and  these 
terms  of  'Federalists,'  'Republicans,'  and 
'  Democrats '  continued  in  use  until  after  the 
close  of  the  war  with  Great  Britain  in  1815, 
and  the  election  of  Mr.  Monroe  to  the  presi- 
dency in  1816,  when  a  revolution  of  the  old 
parties  generally  took  place,  and  what  was 
called  'the  era  of  good  feelings'  took  place, 
and  continued  until  the  presidential  election  in 
1824.  We  must  here  allude  to  the  formation 
of  various  personal  parties  connected  with  the 
politics  in  several  of  the  States  after  the  elec- 
tion of  Jefferson  to  the  presidency  in  1801. 
Parties  arose  in  various  States  where  the  re- 
publican or  democratic  party  were  in  the  ma- 
jority, but  did  not  assume  much  importance 
anywhere  except  in  the  State  of  New  York. 
In  this  State,  Colonel  Aaron  Burr  was  the  ac- 
knowledged leader  of  the  republican  party.  In 
consequence  of  an  equal  vote  between  him  and 
Jefferson,  it  became  the  duty  of  the  House  of 
Representatives  in  Congress,  as  the  Constitu- 
tion then  stood,  to  decide  which  of  the  two  re- 
publican candidates  should  be  President.  The 
federalists  supported  Burr,  and  the  republicans 
voted  for  Jefferson ;  and,  after  a  protracted  con- 
test, Jefferson  was  chosen  President,  and  Burr, 
of  course,  was  declared  Vice  President.  This 
affair  caused  a  division  in  the  republican  party 
of  New  York.  George  Clinton,  De  Witt  Clin- 
ton, Judge  Spencer,  Morgan  Lewis,  the  Liv- 
ingstons, and  other  leading  republicans  enter- 
ing the  lists  against  the  Vice  President  (Burr) 
and  his  friends.  Parties  were  then  called 
'  Clintonians'  and  'Burrites;'  and  Burr,  at- 
tempting to  run  for  governor  against  Morgan, 


POLITICAL   PARTIES. 


249 


Lewis  iu  1804.  was  compelled  to  rely  mainly  on 
the  federalists*  for  support.  The  consequence 
was  the  political  prostration  of  Burr  and  the 
little  band  of  republicans  who  supported  him. 
Subsequently,  the  republicans  fell  out  with  Gov- 
ernor Lewis,  but  a  few  of  his  political  friends 
adhered  to  him,  and  the  federalists  endeavored 
to  sustain  him  ;  but  he  was  easily  prostrated 
by  the  superior  popularity  of  Daniel  D.  Tomp- 
kins, who  was  then  a 'young  man,  and  judge  of 
the  Supreme  Court.  He  was  brought  forward 
by  the  Clinton  portion  of  the  republican  party, 
headed  by  De  Witt  Clinton  and  Judge  Ambrose 
Spencer ,  and,  it  is  a  curious  fact,  that  these 
same  leaders  were  engaged  years  afterwards  in 
a  crusade  against  Tompkins — De  Witt  Clinton 
being  the  successful  candidate  against  him  for 
governor  in  1820.  In  the  contest  of  the  re- 
publican party  with  Governor  Lewis  in  1807, 
the  few  republicans  who  adhered  to  the  gov- 
ernor were  called  'Lewisites.'  The  personal 
friends  of  Colonel  Burr,  who  were  always  active 
in  politics,  retained  the  name  of  'Burrites.' 

"In  1812,  De  Witt  Clinton  was  the  favorite 
candidate  of  the  republican  party  of  New  York 
for  President,  and  he  was  nominated  for  that 
high  office  by  a  large  majority  of  the  republi- 
can members  of  the  legislature.  Mr.  Madison, 
however,  received  the  nomination  of  the  caucus 
of  the  republican  members  of  Congress  at 
Washington,  and  war  having  been  declared 
with  Great  Britain,  Mr.  Madison  was  consider- 
ed the  war  candidate,  and  Mr.  Clinton,  who  re- 
ceived the  support  of  the  federalists  in  this  and 
other  States,  was  called  the  peace  party  candi- 
date. The  friends  of  Clinton  in  this  State  were 
called  '  Clintonians,'  and  his  opponents  'Madi- 
sonians.'  The  success  of  Mr.  Madison  in  his 
re-election  to  the  presidency,  and  the  triumph 
of  the  republican  party  generally,  threw  Mr. 
Clinton  and  his  republican  friends  into  a  mino- 
rity in  this  State.  In  1817,  however,  in  con- 
sequence of  the  election  of  Governor  Tomp- 
kins to  the  vice  presidency,  Mr.  Clinton  was 
brought  forward  as  the  friend  of  the  construc- 
tion of  the  Erie  and  Champlain  canals,  and 
was  consequently  nominated  and  elected  gov- 
ernor. Immediately  after  his  election,  an  op- 
position was  organized  in  the  democratic  ranks 
against  him — this  opposition  being  led  by 
Martin  Van  Buren.  A  majority  of  the  demo- 
cracy of  the  city  of  New  York  joined  in  this 
opposition,  and  the  party  opposed  to  Clinton 
soon  became  known  as 'bucktails,' the  symbol 
of  the  Tammany  society,  which  was  the  great 
focus  of  the  democracy  in  this  part  of  the 
State.  The  name  'bucktail'  became  one  of 
general  application  to  the  opponents  of  Clinton 
throughout  the  State,  while  his  friends,  whether 
republicans  or  federalists,  were  called  '  Clin- 
tonians.' The  great  mass  of  the  old  demo- 
cratic party  were  opposed  to  Clinton,  while  the 
largest  proportion  of  his  supporters  had  been 
of  the  federal  party. 

"  There  were  several  local  names  applied  to 


the  bucktail  or  democratic  party  in  thi8, 
city,  such  as  '  Martling  men/  from  the  name  o 
the  keeper  of  the  democratic  headquarters,  &c. 
The  term  'Coodies'  was  applied  to  the  few 
federalists  who  joined  the  democrats  during 
the  war  with  Great  Britain  in  1812.  Hugh 
Maxwell  is  a  living  representative  of  the 
'Coodies,'  a  small  party,  which  were  remarka- 
bly fortunate  in  obtaining  office  at  various 
times  from  the  people,  or  by  appointment. 

"As  time  rolled  on  there  was  nothing  remark- 
able to  notice  in  the  history  of  parties  and  party 
names,  until  the  year  1823,  when  the  presidential 
election  approaching,  Judge  Ogden  Edwards,  of 
this  city,  in  order  to  defeat  Martin  Van  Buren, 
in  a  bargain  he  was  supposed  to  have  made  to 
give  the  electoral  votes  of  this  State  to  the  late 
William  H.  Crawford  for  President,  started  the 
idea  of  transferring  the  choice  of  electors  from 
the  legislature,  who  had  previously  chosen 
them,  to  the  people.  Hence  arose '  the  people's 
party,'  so  called,  the  leaders  of  which  in  the 
legislature  of  1824  were  Gen.  James  Tallmadge 
and  Henry  Wheaton.  This  party  succeeded  in 
giving  most  of  the  electoral  votes  of  the  State 
in  1824  to  Adams,  and  in  electing  De  Witt 
Clinton  and  James  Tallmadge  to  the  offices 
of  governor  and  lieutenant  governor.  The 
election  of  Clinton  ruined  the  people's  party 
eventually,  as  a  large  portion  of  the  party  had 
been  'bucktails,'  and  opposed  to  Clinton  in 
former  years.  To  cap  the  climax,  Clinton  came 
out  for  Gen.  Jackson  for  President,  and  of 
course  threw  the  people's  party  into  confusion. 
After  re-electing  him  governor  iu  1826,  with  a 
legislature  opposed  to  him,  the  people's  party 
was  broken  up,  some  going  for  the  re-election 
of  Adams  as  President,  and  others  for  the 
election  of  Gen.  Jackson.  The  Adams  men 
were  subsequently  called  '  national  republi- 
cans;' but  when  joined  by  seceders  from  the 
Jackson  ranks,  in  1833  and  1834,  they  adopted 
the  name  of  whigs.  The  '  anti-masonic'  party 
arose  in  the  western  part  of  New  York  in  1827. 
It  was  founded  on  opposition  to  free  masonry, 
and  extended  into  most  of  the  middle  and  east- 
ern States.  After  an  existence  of  ten  or  twelve 
years  it  gradually  became  merged  in  the  whig 
party.  In  1829  there  was  organized  in  the 
city  of  New  York,  and  afterwards  in  Phila- 
delphia, a  party  called  the  '  workingmen's 
party,'  which  at  one  time  threatened  to  do 
great  mischief  to  the  Jackson  democratic  party; 
but  the  workingmen  soon  became  divided,  some 
of  them  going  with  Frances  Wright  and  Robert 
Dale  Owen  for  the  adoption  of  the  doctrines  of 
the  English  infidels  and  radicals,  and  others 
co-operating  with  the  national  republicans  or 
whigs.  The  workingmen's  party  became  the 
basis  of  the  'loco  focos'  or  'equal  rights  party,' 
which  was  organized  by  the  radical  democracy 
at  Tammany  Hall,  in  October,  1835,  at  a 
meeting  where  loco  foco  matches  were  used  to 
supply  the  place  of  the  lights  in  the  hall,  which 
had  been  extinguished. 


250 


LIFE   OP  JACOB   BARKER. 


"When  General  Jackson  was  elected  Presi- 
dent, his  supporters  claimed  the  name  of 
'democrats,'  which  had  been  a  term  rejected 
by  the  republicans  in  Jefferson's  and  Madison's 
time.  In  the  southern  States  some  of  the 
democracy  became  dissatisfied  with  Jackson's 
administration  and  took  the  name  of  'State 
rights  men,'  some  of  whom  joined  the  whigs, 
and  others  returned  to  the  democratic  party 
during  Van  Bureu's  administration.  While 
Van  Buren  was  President,  the  democrats  who 
disapproved  of  the  Sub-Treasury  scheme  were 
called  'conservatives,'  many  of  whom  joined 
the  whig  party  and  assisted  in  the  election  of 
Harrison  and  Tyler. 

"About  the  year  1844,  the  democratic  party 
in  the  State  of  New  York  became  divided  into 
two  factions,  which  were  severally  called 
'hunkers'  and  'barnburners.'  The  hunkers 
were  similar  to  the  conservatives  of  1838,  and 
were  favorable  to  banks  and  internal  improve- 
ments. The  barnburners  were  also  called 
destructives  and  radicals,  and  generally  opposed 
banks  and  other  charters,  and  the  increase  of 
the  debt  of  the  State  for  internal  improvements. 
These  names  have  since  got  out  of  use,  the 
terms  free  soilers  and  soil  shells  being  applied 
to  the  barnburners  and  hunkers  who  have  joined 
them,  and  the  hunkers  opposed  to  abolition  and 
free  soil  movements  being  called  hard  shells. 
"  We  have  not  space  to  follow  up  the  history 
of  parties  in  the  various  States.  They  have 
generally  been  unimportant  in  their  effects  on 
the  politics  of  the  nation.  In  Pennsylvania  the 
democrats,  for  some  years  after  the  year  1815, 
were  divided  into  old  school  and  new  school 
democrats — the  former  being  similar  to  the 
Clintonians  of  New  York,  and  the  latter  nearly 
like  the  bucktails  of  this  State.  These  distinc- 
tions existed  for  some  years,  until  parties  be- 
came formed  for  and  against  Jackson,  Van 
Buren,  and  other  candidates  for  the  Presi- 
dency. 

"In  Missouri,  the  parties  which  divided  the 
people,  some  ten  or  twelve  years  since,  were 
called  hards  and  softs,  the  hards  being  in  favor 
of  a  specie  currency,  and  the  latter  in  favor  of 
banks.  A  similar  division  has  often  existed  in 
Ohio. 

"We  have  in  a  former  article  given  an  ac- 
count of  the  rise,  progress  and  decline  of  the 
various  parties  called  Native  American  or 
American  Republicans.  The  secret  order  of 
Know  Nothings  is  more  extensively  organized 
and  prescriptive  than  their  predecessors,  in 
their  action  against  citizens  of  foreign  birth 
and  Catholics. 

"There  has  recently  been  a  new  formation 
of  parties  in  California,  the  democracy  being 
divided  between  the  supporters  of  David  Brode- 
rick  for  United  States  senator,  and  those  who 
oppose  him;  the  latter  are  called  the  chivalry. 
At  a  recent  State  convention  it  appears  that 
the  chivalry  section  was  much  smaller  than  the 
Broderick  wing,  and  therefore   bolted,    much 


after  the  fashion  of  the  New  York  hards  at 
Syracuse  last  year.  They  passed  resolutions 
endorsing  Pierce  and  the  Nebraska  bill;  while 
the  Broderick  men  do  neither.  The  temperance 
and  Maine  law  organizations  in  various  States 
are  too  well  known  to  require  explanation." 

Mr.  Barker's  early  course  before  the  differ- 
ent courts  of  New  York  exhibited  self  posses- 
sion, and  a  better  knowledge  of  the  intend- 
ments of  the  law  than  is  generally  found 
among  laymen. 

On  one  occasion  he  had  an  angry  contro- 
versy with  an  insurance  company,  in  which 
Messrs.  Emmet  and  Coldin  were  concerned  for 
the  company.  It  came  before  Chancellor 
Lancing,  who  held  his  court  in  the  old  city 
hall,  situated  in  Wall  street.  Mr.  Barker, 
impatient  at  the  delay  which  had  been  expe- 
rienced, took  the  case  into  his  own  hands, 
closed  his  argument  at  4  o'clock,  p.  m.,  on 
Friday,  and  at  10  o'clock  on  Saturday  morning 
the  chancellor  rendered  his  decision,  decreeing 
$27,000  to  Mr.  Barker,  which  had  been  depo- 
sited in  the  court  of  chancery  at  Albany,  by 
the  insurance  company,  to  enable  it  to  pro- 
cure an  injunction  restraining  further  proceed- 
ings at  law.  Mr.  Barker  dispatched  an  agent 
to  Albany  with  the  decree,  and  had  the  silver 
in  his  own  house  on  the  following  Wednesday. 
It  is  believed  that  this  was  the  only  case  de- 
cided by  the  chancellor  at  the  same  term  he 
heard  the  argument,  during  the  whole  period 
of  his  chancellorship. 

On  another  occasion,  during  Mr.  Barker's 
absence,  a  default  was  entered  for  about 
$10,000  in  a  suit  against  him  for  damages, 
alleged  to  have  been  sustained  by  his  ship 
"Lady  Madison"  landing  her  cargo  at  Lon- 
don, she  having  been  prevented  from  proceed- 
ing to  a  continental  port  by  the  Berlin  and 
Milan  decrees.  On  his  return  he  requested 
his  counsel  to  apply  for  a  new  trial;  the  time 
allowed  for  such  application  having  expired, 
the  counsel  declined  to  make  the  application, 
saying  it  would  be  out  of  order  and  useless. 
Mr.  Barker  enquired  if  the  Supreme  Court  had 
power  to  grant  a  new  trial ;  the  answer  being 
in  the  affirmative,  then,  said  he,  if  you  will  not 
apply,  I  will.  He  did  so,  obtained  a  new 
trial,  and  conducted  the  defence  himself, 
which  resulted  in  a  judgment  against  him  for 
$2,500.  Not  satisfied  with  this,  he  applied 
for  and  obtained  another  trial,  when  a  judg- 


YORK   VERSUS    CHILTON. 


251 


merit  for  only  about  $1,000  was  rendered 
against  him;  this  he  paid,  in  preference  to 
further  litigation,  although  he  was  confident 
that  in  the  end  the  whole  would  have  been 
annulled,  had  he  thought  proper  to  have  con- 
tinued the  contest.  It  was  in  reference  to  this 
trial  that  Mr.  Emmet  said,  at  a  dinner  party, 
when  enquired  of  by  the  judge  how  it  hap- 
pened that  he  allowed  Mr.  Barker  to  worry 
him  so  much,  that  he  considered  himself 
fencing  with  a  left-handed  man,  and  "therefore 
did  not  know  how  the  blows  would  be  aimed." 

On  another  occasion,  when  the  Exchange 
Bank  was  unable  to  meet  punctually  its 
engagements,  a  bill  in  chancery  was  filed, 
enjoining  all  his  proceedings,  of  which  he  got 
notice  at  2  o'clock,  p.  m.  His  impetuosity 
would  not  allow  him  to  wait  to  receive  a  copy 
of  the  said  bill  from  the  officers  of  the  court, 
in  place  of  which,  at  his  request,  his  solicitor, 
George  W.  Strong,  esq.,  borrowed  the  original 
bill;  Mr.  Barker  took  it  with  him  to  his 
country  seat,  and,  after  having  his  dinner, 
segar,  and  accustomed  nap,  he  drafted  an 
answer,  reviewing  all  his  business  transac- 
tions, ships,  houses,  stocks,  merchandize,  &c, 
and  took  it  back  to  the  city  at  daylight  the 
following  morning,  returned  the  original  to 
the  clerk  of  the  court,  and  placed  his  draft 
in  the  hands  of  the  said  solicitor,  to  be  thrown 
into  form  and  filed,  which  was  done,  com- 
prising 80  folio  pages;  this  answer  underwent 
most  searching  investigation,  was  sustained  in 
every  particular,  and  the  injunction  dissolved. 

Mr.  Barker  is  now,  and  has  been  for  more 
than  ten  years  last  past,  conducting  a  suit  in 
New  Orleans  in  favor  of  William  Broader 
York,  late  master  of  the  British  barque  Alde- 
baran,  against  Richard  H.  Chilton,  formerly 
of  Liverpool,  involving  the  question  of  a  con- 
sul's authority  to  remove  a  ship  master,  and 
which  has  occasioned  great  acrimony.  Mr. 
Barker  was  applied  to  by  eight  or  ten  masters 
of  British  vessels,  to  claim  a  restoration  of 
Captain  York's  chronometer,  which  had  been 
sequestered  on  the  affidavit  of  Mr.  Chilton, 
and  to  sustain  Captain  York  in  his  command 
against  the  efforts  of  William  Mure,  the  British 
consul,  to  displace  him. 

Mr.  Barker  declined  to  embark  in  the  case, 
except  for  the  restoration  of  the  chronometer, 
until  he  could  confer  with  Mr.  Mure. 


On  the  arrival  of  the  barque  at  New  Orleans 
the  captain  applied  to  the  consul  for  permission 
to  discharge  James  Scott,  the  mate,  for  neg- 
lect of  duty  and  rebellious  conduct,  the  Brit- 
ish law  not  allowing  him  to  do  so  without  the 
permission  of  the  consul;  this  permission  being 
refused,  some  angry  words  ensued,  when  Cap- 
tain York  told  the  consul  that  he  would  dis- 
charge the  mate  whether  he  consented  or  not; 
this  enraged  the  consul,  aud  led  to  all  the 
difficulties  which  ensued. 

The  mate  had  instituted  legal  proceedings 
against  Captain  York  for  an  alleged  debt  of 
$24;  he  obtained  judgement,  and  made  the 
following  affidavit,  in  the  hope  of  having  him 
sent  to  prison: 

THE    STATE   OF   LOUISIANA— 1032. 

City  Court  of  New  Orleans.  Personally  ap- 
peared before  me,  George  Y.  Bright,  one  of 
the  associate  judges  of  the  City  Court  of  New 
Orleans,  James  Scott,  who,  being  sworn,  de- 
poseth  and  saith:  That  William  B.  York, 
master  of  the  barque  Aldebrau,  is  justly  in- 
debted to  him  for  judgment  rendered  and  exe- 
cution issued  in  the  sum  of  twenty-four  dollars 
and  forty-four  cents,  and  costs  of  suit  No  1032 
of  the  docket  of  this  court;  and  that  he  verily 
believes  that  the  said  William  B.  York,  as 
aforesaid,  is  about  to  depart  permanently  from 
the  State,  without  leaving  in  it  sufficient  prop- 
erty to  meet  his  demand;  and  that  he  does 
not  take  this  oath  with  the  intention  of  vexing 
the  said  Wm.  B.  York,  as  aforesaid,  but  only 
in  order  to  secure  his  demand  of  twenty-four 
dollars  and  forty-four  cents,  and  costs  of  suit 
for  judgment  rendered  in  this  court  on  the;,2d 
of  April,  1844,  in  the  cause  entitled  James 
Scott  vs.Wm.  B.  York,  &c.  Wherefore,  James 
Scott,  the  plaintiff,  prays  that  an  order  of 
arrest  (writ  of  bail)  may  issue  against  the 
said  Wm.  B.  York,  master  of  the  ship 
Aldebaran. 

JAMES    SCOTT. 

Sworn  to  and  subscribed  before  me  at  the 
city  of  New  Orleans,  this  3d  day  of  April, 
1845. 

GEORGE  Y.  BRIGHT, 
Associate  Judge  of  the  city  of 
New  Orleans. 

To  the  Marshal  of  the  city  of  New  Orleans, 
Greeting: 
You  are  ordered  to  arrest  and  hold  to  bail 
the  above  named  defendant,  that  he  may  an- 
swer to  the  action  brought  against  him,  for 
twenty-four  dollars  and  forty-four  cents,  and 
costs  of  suit. 

GEORGE   Y.  BRIGHT. 
Associate  Judge  of  the  city  of 
New  Orleans. 


252 


LIPE   OP  JACOB  BARKER. 


James   Scott       ]  City  Court,  N.  Orleans. 
vs.  >    Before  Geo.  Y.  Bright, 

Capt.  Wm.  B.  York.  J    Associate  Judge. 

Received,  New  Orleans,  3d  April,  1845,  of 
Captain  Wm.  B.  York,  the  sum  of  thirty-five 
dollars  and  forty-four  cents,  in  full — it  being 
the  amount  of  the  above  judgment. 

Judgment 24  44^ 

Tax 2  00|     P.JACOBS, 

Taking  testimony  in  V  Marshal. 

writing 4  00 

Marshal's  fees 5  00  J 

April  3,  1845.  $35  44 

A  severe  tax  this  on  defendant,  for  taking 
down  the  testimony  of  drunken  sailors;  who 
does  your  honor  think  instigated  this,  and  for 
what  purpose?  "Was  it  not  with  a  view  on 
which  to  found  the  charge  which  the  defendant 
has  urged  on  every  trial,  that  on  that  trial 
Captain  York  swore  false?  The  marshal's 
fees  seem,  also,  very  exorbitant;  however,  all 
were  promptly  paid  by  the  plaintiff. 

Return  of  the  officer. — Not  executed — the 
defendant  having  paid  the  amount  of  judg- 
ment, April  3,  1845. 

P.  JACOBS,  Deputy  Marshal. 

The  defendant  embarked  zealously  against 
Captain  York — invading  his  rights;  for  which 
a  suit  was  brought  against  him  for  ten  thou- 
sand dollars  damages.  The  case  has  been 
several  times  before  the  Supreme  Court  of 
Louisiana;  and  the  last  jury  gave  a  verdict  for 
seven  thousand  five  hundred  dollars  to  plain- 
tiff— with  which  the  defendant  being  dissatis- 
fied, asked  a  new  trial.  The  question  has 
been  argued  at  great  length  on  both  sides. 
From  a  brief  submitted  to  the  court  by  Mr. 
Barker  the  following  extracts  are  made: 

The  attempt  to  disgrace  Captain  York  by 
an  imprisonment  failing,  the  cousul,  knowing 
that  his  office  did  not  confer  on  him  authority 
to  displace  him  and  appoint  the  rebellious 
mate,  Scott,  to  the  command,  looks  up  young 
Chilton,  the  defendant,  assuming  that  he  was 
the  authorized  agent  of  the  owner,  who  ad- 
dresses letters  to  the  plaintiff  as  follows : 

April  4,  1845. 

Sir:    Meet   me  at  the  British  consul's  to- 
morrow  morning.     Bring   the  officers  of  the 
ship  and  two  of  the  boys  with  you. 
Yours  truly, 

R.  H.  CHILTON. 
Captain  York. 

New  Orleans,  April  5,  1845. 
Sir  :   Her  B.   M.   consul   haviDg  this   day 
placed  Mr.   Scott  upon  the  register  of   the 


Aldebaran,  as  master  of  said  barque,  you  will 
please  give  up  charge  of  said  barque  to  him. 
Yours  truly, 

R.  H.  CHILTON. 
Captain  York. 

Monday  Evening, 
on  board  barque  Aldebaran. 

Sir:  Notwithstanding  the  consul's  orders, 
I  understand  you  have  been  on  board  this 
ship,  interfering  with  Captain  Scott  in  his 
duty.  I  have  now  to  say  that  you  will  be 
allowed  to  come  on  board  this  vessel  once 
more  only,  which  will  be  to  allow  you  to  take 
your  property,  clothes,  &c,  out  of  her.  After 
that  you  will  not  be  allowed  over  the  gangway. 
I  have  also  to  request  that,  as  soon  as  pos- 
sible, you  will  render  me  your  accounts. 
Yours  truly, 

R.  H.  CHILTON. 
Mr.  York. 

These  letters,  without  remark  from  me, 
sufficiently  indicate  how  proud  the  defendant 
was  to  act  as  the  instrument  of  H.  B.  Majes- 
ty's consul.  He  neither  signs  as  agent  or 
attorney  for  the  owner,  nor  does  he  represent 
himself  as  such  or  make  any  complaint  of  the 
conduct  of  plaintiff  in  the  discharge  of  his 
duties  as  ship-master.  They  put  his  action 
entirely  on  the  ground  of  carrying  out  the  will 
of  the  consul. 

His  next  move  was  to  make  the  following 
affidavit: 
Thomas  Hunter  Holderness  1 

vs.  V  City  Court. 

D.  T.  Lilly.  ) 

Richard  Harrison  Chilton,  agent  for  the 
plaintiff  herein,  being  sworn,  saith  that  D.  T. 
Lilly,  the  defendant,  has  in  his  possession  a 
chronometer,  of  the  value  of  one  hundred  and 
fifty  dollars,  belonging  to  the  plaintiff  and 
owners  of  the  barque  Aldebaran,  of  which  one 

York  was  late  master,    and   that   he 

fears  that  said  chronometer  will  be  removed 
out  of  the  jurisdiction  of  this  court  during  the 
pendency  of  this  suit,  and  that  Lilly  refuses  to 
deliver  possession  of  the  same. 

R.  H.  CHILTON,  Agent. 

Sworn  to  and  subscribed  before  me,  this  7th 
April,  1845. 

O.  P.  JACKSON,  Judge. 

To  which  the  plaintiff  put  in  the  following 
answer : 

Thomas  Hunter  Holderness  | 

vs.  >  City  Court. 

D.  T.  Lilly.  J 

Wm.  Broader  York,  Intervenor. 
The  petition  of  said  York  represents  that  he 
is  the  owner  of  the  chronometer  in  question ; 


YORK   VERSUS   CHILTON. 


253 


that  it  was  so  far  in  his  possession  as  to  have 
been  by  him  left  with  D.  T.  Lilly  for  repairs  ; 
that  he  be  allowed  to  intervene  in  this  cause  ; 
that  he  excepts  to  the  right  of  R.  H.  Chilton 
to  appear  as  agent  for  the  owners  of  the  barque 
Aldebaran,  and  demands  proof  of  his  authority  to 
act  for  such  owners,  and  prays  for  an  order  for 
the  delivery  of  said  chronometer  to  your  peti- 
tioner ;  that  the  said  Chilton  be  compelled  to 
pay  all  costs,  with  fifty  dollars  damages.  And 
in  case  this  exception  should  be  overruled,  he 
denies  all  the  allegations  of  the  petitioner,  in- 
sists that  he  is  the  commander  of  the  said 
barque,  and  as  such,  their  duly  constituted 
agent,  and  prays  that  this  suit  be  dismissed 
with  costs  and  damages,  and  for  general  relief, 
and,  as  in  duty  bound,  will  ever  pray. 
JACOB  BARKER, 
Attorney  for  W.  B.  York. 

Which  suit  was  dismissed  as  follows  : 
The  plaintiff  discontinuing  his  suit  against 
defendant,  and  intervenor  not  having  complied 
with  the  requisitions  of  law  in  his  intervention, 
it  is  ordered  that  the  intervention  fall  also,  it 
being  understood  that  the  intervenor  is  not 
deprived  of  the  right  to  claim  by  separate 
suit. 

0.  P.  JACKSON,  Judge. 

This   decision   entitles  the   plaintiff  to   re- 
cover  damages  in   this   suit  without   further 


proof. 

The  chronometer  was  seized  under  process 
issned  on  this  affidavit,  and  removed  from  Mr. 
Lilly's,  where,  according  to  the  universal  cus- 
tom of  ship-masters,  they  deposited  their 
nautical  instruments,  and  placed  with  the 
plaintiff.  The  case  was  tried  and  not  a  word 
of  testimony  offered  in  support  of  the  accusa- 
tion ;  whether  the  chronometer  belonged  to 
the  plaintiff  or  to  the  owner  of  the  Aldebaran 
the  allegation  was  equally  libellous,  as  much 
so  as  to  deprive  a  naval  or  army  officer  of  his 
sword  or  epaulets  by  a  false  accusation. 

Pending  these  proceedings  the  following 
correspondence  took  place  between  Mr.  Barker 
and  the  consul : 

New  Orleans,  April  14,  1845. 

Dear  Sir:  Captain  York,  commander  of 
the  barque  "Aldebaran,"  has  called  upon  me  to  i 
aid  him  in  restraining  the  interference  of  cer- 
tain persons  in  the  discharge  of  his  duties  as 
master  of  said  vessel;  and  from  a  letter  re- 
ceived by  Captain  York,  from  Mr.  R.  H.  Chil- 
ton, you  are  referred  to  as  authorizing  the  pro- 
ceedings complained  of. 

The  friendly  relations  which  have  always 
subsisted  between  us,  induces  me  to  notify  you 
of  Captain  York's  determination  to  apply  to 
the  courts  of  the  United  States  to  restrain  all 


interference  with  his  authority  as  master  of  said 
vessel,  and  to  redress  the  wrongs  which  he 
thinks  have  beenpdone  him — before  I  proceed 
to  take  out  writs  for  the  arrest  of  such  tres- 
passers as  may  be  found  on  board,  or  such  of 
the  crew  as  may  refuse  obedience  to  his  orders. 
Should  any  other  person  than  Captain  York 
have  authority  to  represent  the  owner  of  the 
vessel,  I  presume  the  whole  affair  can  be  amica- 
bly settled,  the  first  step  towards  which  will  be 
the  exhibition  of  such  authority. 

Very  respectfully,  your  obedient  servant, 

JACOB  BARKER. 
Wm.  Mure,  esq., 

Consul  of  Her  Britannic  Majesty, 

Victoria,  Queen  of  Great  Britain, 
&c,  &c,  at  Neio  Orleans. 


British  Consulate,  New  Orleans, 

April  14,  1845. 

Dear  Sir:  I  have  received  your  letter  of 
this  date,  relative  to  the  British  barque  "Alde- 
baran," and  notifying  me  that  it  is  the  intention 
of  Captain  York  to  apply  to  the  courts  of  the 
United  States  to  restore  his  authority  as  master 
of  said  vessel. 

In  reply  thereto  I  have  only  to  state,  that  in 
superseding  Captain  York  in  the  command  of 
this  vessel,  for  irregularities  in  his  conduct, 
and  for  violating  the  46th  and  47th  sections  of 
the  navigation  act,  7th  and  8th  Vic.  cap.  112, 
by  which  he  has  been  guilty  of  a  misdemeanor, 
and  is  liable  to  fine  and  imprisonment,  "  I 
have  acted  with  the  sanction  of  the  accredited 
agent  of  the  owners  in  this  port,"  and  I  must 
decline  any  further  explanation  regarding  my 
authority,  as  her  Majesty's  consul,  for  dismis- 
sing, or  sanctioning  the  dismissal  of  a  British 
captain. 

I  am,  dear  sir,  your  most  obedient  servant, 
WM.  MURE, 
Her  Britannic  Majesty's  consul. 

Jacob  Barker,  esq., 
New  Orleans. 

New  Orleans,  April  14,  1845. 

Dear  Sir:  I  have  received  your  letter  of 
this  date.  In  reply  to  the  allegation  about 
Captain  York  "violating  the  4(jth  and  47th  sec- 
tions of  the  navigation  act,  7th  and  8th  Vic, 
cap.  112,  by  which  he  has  been  guilty  of  a 
misdemeanor  and  is  liable  to  fine  and  imprison- 
ment," I  have  to  remark  that  Captain  York 
will  be  prepared  to  defend  himself,  whenever 
called  to  an  account  before  a  proper  tribunal 
to  pass  on  the  matter. 

As  to  his  having  been  superseded,  he  does 
not  admit  that  he  has  been,  or  that  he  can 
be  superseded  in  the  command  of  the  Alde- 
baran, by  any  other  authority  than  that  from 
which  he  derived  his  command ;  to  that  au- 
thority he  is  prepared  to  submit;  and  if,  as 
you  say,  you  have  acted  with  the  sanction  of  the 


254 


LIFE   OF   JACOB   BARKER. 


accredited  agent  of  the  owner,  it  would  seem 
to  be  incumbent  on  such  agent  of  the  owner  to 
produce  his  authority;  beyond  which  it  is  not 
my  intention  to  ask  for  any  explanation. 

To  prevent  the  possibility  of  a  mistake,  Cap- 
tain York  wishes  you  to  be  informed  that  his 
instructions  are  precise  as  to  all  the  points  of 
his  duties;  the  observance  of  which  disaffected 
a  portion  of  his  crew,  in  which  instructions  is 
to  be  found  the  following  sentence: 

"  On  arrival  there,  address  the  ship  to  Messrs. 
Gordon,  Wylie  &  Co.,  who  will  have  instruc- 
tions respecting  the  loading  of  the  vessel." 

No  intimation  is  given  of  any  other  agent, 
consequently  he  cannot  recognize  any  other 
person  as  the  accredited  agent  of  his  owner, 
without  the  production  of  credentials  duly  au- 
thenticated. Mr.  Gordon  states  that  he  has 
not  sanctioned  any  interference  with  his  com- 
mand ;  that  he  is  not  knowing  to  any  irregu- 
larities on  the  part  of  Captain  York;  and  that 
so  far  as  he  knows,  he  has  performed  his  duties 
faithfully  as  commander  of  the  Aldebaran. 

I  am,  dear  sir,  your  most  obedient  servant, 
JACOB  BARKER. 

Wm.  Mure,  esq., 

Her  Britannic  Majesty's  consul,  &c. 

In  place  of  producing  authority,  defendant's 
next  move  was  to  make  affidavit  in  words  fol- 
lowing : 

Personally  appeared  before  me,  G.  W.  Lewis, 
recorder  municipality  Fo.  3,  of  the  city  of  New 
Orleans,  acting  as  justice  of  the  peace,  duly 
commissioned  and  sworn,  R.  H.  Chilton,  who 
being  duly  sworn,  does  depose  and  say,  that  he 
is  apprehensive  and  has  strong  reasons  to  be- 
lieve aud  fear  that  W.  B.  York  is  about  to  com- 
mit a  breach  of  the  peace,  by  intruding  himself 
and  interfering  with  the  command  of  the  Bri- 
tish ship  "  Aldebaran,"  of  which  deponen  tis 
the  agent  in  this  city.  Deponent  has  cause  to 
apprehend  that  said  York  will  create  a  disturb- 
ance on  board  of  said  vessel,  unless  he  be  ar- 
rested and  bound  to  keep  the  peace.  Where- 
fore he  prays  that  said  York  be  arrested  and 
dealt  with  according  to  law. 

R.  H.  CHILTON. 

DECISION   OF   THE   COTJRT. 

The  being  no  just  cause  of  apprehension  of 
an  intention  on  the  part  of  the  accused  to  com- 
mit a  breach  of  the  peace,  proven  in  this  case, 
the  complaint  is  therefore  dismissed,  without 
prejudice  to  the  rights  of  the  parties. 

G.  W.  LEWIS, 

Recorder. 
April  19,  1845. 

The  imprisonment  of  Captain  York,  and  the 
rejection  of  Mr.  Barker's  proposition  to  surren- 
der the  command  on  the  production  of  au- 
thority, induced  him  to  embark  in  the  whole 
matter.    The  contest  has  been  a  very  severe 


one;  during  which  the  consul  wrote  a  very 
exceptional  letter  to  the  Earl  of  Aberdeen, 
which  the  defendant  produced  in  evidence  in 
support  of  his  action.  The  letter  aud  Mr. 
Barker's  criticism,  herewith,  will  be  read  with 
deep  interest  by  commercial  and  nautical 
men. 

Captain  York  held  command  under  the  fol- 
lowing agreement: 

MEMORANDA    OF    AGREEMENT. 
Hull,   January  1. 
That  Wiliam  Broader  York  goes  out  master 
of  the   Aldebaran,  of  Liverpool,  and  that  his 
wages  are  to  be  eight  pounds  per  month.    The 
cabin  to   be   found  in  all  necessary  stores  by 
the  owners,  the  nett  cabin  freight  to  be  divided 
between  the  master  and  owners.     The  master 
to  have  one-third  cabin  passage  money.     The 
master  also  to  find  his  own  <  hronometer,  hav- 
ing one  guinea  and  a  half  per  voyage  allowed 
him  in  consideration  thereof;  he  is  also  to  be 
kept  constantly  insured  from  loss  by  the  owners 
for  forty  pounds  on  his  clothes  and  wages,  to 
commence  from  the  16th  of  December,  1844. 
These  conditions  to  remain  in  force  so  long  as 
his  services  may  be  required,  and  no  longer. 
T.  HOLDERNESS, 
W.  B.  YORK. 

SAILING   ORDERS. 

Hull,  January  10,  1S45. 
Sir:  You  will  proceed  with  the  Aldebaran 
to  New  Orleans,  making,  of  course,  the  best 
of  your  way,  and  on  your  arrival  there,  address 
the  ship  to  Messrs.  Gordon,  Wylie  &  Co.,  who 
will  have  instructions  respecting  the  loading  of 
the  vessel.  We  are  informed  that  at  this 
season  of  the  year  it  is  advisable  to  make  to 
the  southward  as  far  as  the  latitude  of  Madeira, 
before  you  make  much  westing,  especially  if 
you  can  make  good  way  to  the  south  at  the 
same  time,  and  you  keep  edging  to  the  west- 
ward. On  your  arrival,  you  will  bear. in  mind 
that  the  house  have  the  option  of  loading  you 
for  Hull  or  Liverpool,  and  when  your  ship  has 
her  ballast  trimmed  and  your  dunnage  laid, 
you  will  send  a  notice  to  Gordon,  Wylie,  &  Co., 
as  per  annexed,  and  you  must  copy  it  into 
your  log-book,  and  note  therein  the  day  and 
hour  you  delivered  it  to  them,  and  to  whom  it 
was  delivered;  and  you  will  not  fail  to  send 
us,  per  Halifax  steamer,  and  also  by  packet 
ship  by  New  York,  the  price  current  last  pub- 
lished when  you  gave  notice.  You  will  inquire 
if  there  will  be  much  weight,  and  of  what  kind, 
for  your  guidance  in  arranging  your  ballast 
for  the  most  advantageous  and  proper  stowage. 
Take  care  to  preserve  the  cargo  from  damage 
as  much  as  possible,  by  matting  the  masts, 
pump  well,  bitts,   &c,    and   by  putting  old 


YORK   VERSUS   CHILTON. 


255 


boards  in  the  sides  of  the  ship.  The  freight  of 
cotton  is  agreed  for,  but  for  the  freight  of  other 
articles  you  will  have  to  agree,  and  this  must 
be  your  guide:  If  cotton  freights  per  Liver- 
pool, per  price  current,  are  three  farthings  per 
pound,  flour  must  be  six  shillings  per  barrel; 
linseed  cake,  in  bulk,  three  pounds  per  ton, 
and  in  casks  ten  shillings  more;  aud  hogs- 
heads of  tobacco  must  be  equal  to  ten  barrels 
of  flour;  wet  salted  hides  one  shilling  each, 
(not  bundle.)  and  in  the  proportions,  if  cotton 
is  higher  or  lower,  per  price  current. 

You  will  pay  great  attention  to  the  pressing 
of  the  cotton,  and  if  not  done  to  your  satisfac- 
tion, object  to  it;  if  a  small  gratuity  to  the 
foremen  will  get  it  better  done,  promise  them 
it,  but  of  course  give  nothing  if  slovenly  done, 
and  complain  to  the  merchants,  and  say,  as 
the  ship  pays  for  it  you  expect  it  to  be  done  in 
the  best  possible  manner. 

Provision  the  ship  for  the  homeward  pas- 
sage, that  is,  with  beef  and  pork.  But,  as  beef 
and  pork  will  be  moderate  in  England,  you 
must  see  that  the  quality  is  such  that  it  will 
keep,  before  yoa  take  any  very  large  stock. 
Take  care  to  keep  your  sails  and  rigging  free 
from  chafe,  and  as  we  know  studding  sails  are 
often  neglected,  let  them  be  well  looked  to  as 
well  as  others.  Let  the  provisions  be  served 
out  in  a  proper  manner,  and  let  all  have 
enough,  but  nothing  must  be  wasted ;  in  all 
things  try  and  keep  your  expenses  down. 
And  do  not  be  above  asking  advice  from  men 
of  more  experience. 

If  Gordon,  Wylie  &  Co.  have  no  articles  of 
weight  for  you,  apply  to  Mr.  Peter  Maxwell, 
who  may  have  some;  but  you  are  allowed  to 
take  weight  from  other  parties,  namely:  lead, 
lard,  seed,  or  flour.  Messrs.  Goidon,  Wylie, 
&  Co.  will  supply  you  with  what  cash  you 
require  for  ship's  use;  and  disburse  your  own 
money  and  procure  the  largest  discounts  you 
can. 

Many  accidents  have  occurred  by  vessels 
getting  foul  of  each  other,  which,  in  our 
opinion,  in  nine  cases  out  of  ten,  is  owing  to 
want  of  a  proper  look-out ;  you  will  therefore 
insist  on  those  who  have  charge  of  the  watcb, 
from  time  to  time,  that  a  proper  look-out  is 
kept,  and  no  skulking  allowed. 

We  again  call  your  particular  attention  to 
not  taking  any  wet  bales  of  cotton ;  if  you  see 
any  such,  (and  you  must  see  every  bale,)  let 
them  be  laid  aside,  and  call  the  attention  of  the 
house  that  ship3  them  to  their  condition  ;  and 
if  they  say  they  are  in  proper  condition,  and 
desire  you  to  take  them,  get  a  written  order  to 
that  effect ;  but  if  they  refuse  to  give  a  written 
order,  put  in  your  log-book  what  passed,  and 
note  in  the  log-book  their  mark,  and  say  how 
many  of  each  mark  are  objected  to,  and  sign 
such  account  at  the  time,  as  well  as  your 
mate ;  but  we  hope  no  such  will  be  offered  to 
you.  From  various  attempts  made  to  throw 
the  damages  on  the  ship,  you  must  perceive 


how  necessary  it  is  to  be  on  guard  against 
these  things. 

We  understand  that  old  "  flat-boats"  are  to 
be  purchased  in  New  Orleans  at  a  very  low 
rate,  and  you  must  consult  with  Mr.  Chilton  as 
to  the  best  method  of  procuring  one  at  as  little 
cost  as  possible,  and  with  as  little  labor  in 
breaking  up,  for  the  purpose  of  dunnaging  the 
ship's  sides,  &c,  <tc. 

We  are,  sir,  yours  respectfully. 

HOLDERXESS  &  CHILTON. 

Captain  W.  B.  York, 

of  the  barque  Aldebaran. 

A    jury    were    empanelled    and   the   cause 
came  on  for  trial  after  strenuous  efforts  of  the 
defendant  to   procure  a  postponement.     The 
investigation  and  arguments  occupied  two  full 
days,  when  it  was  submitted  to  the  jury,  who, 
after  a  short  absence,   returned  a  verdict  for 
the  plaintiff  of  seven  thousand  five  hundred 
dollars,  with   which  the   defendant  is  dissatis- 
fied, and  now  asks  forJ^.new  trial.     He  com- 
plains that  your  honor^rretl  in  your  charge  to 
the   jury.      It   cannot   be   expected   that   the 
plaintiff's  counsel  should  undertake  to  defend 
or  justify  to  yourself  that  charge.     He  will  be 
prepared  to   sustain  it   when  it  comes  before 
the  Supreme  Court.    It  was  lucid,  laconic,  and 
to  the  point ;   a  more  discreet  and  appropriate 
charge  could  not  have  been  delivered.     The 
defendant  was  present  and  took  no  exception 
at  it,  further  than  to  have  the  clause  relating 
to  the  loss  of  the  plaintiff's  baggage  varied, 
which  your  honor  modified  to  the  satisfaction 
of  both  parties.     Your  honor  will  recollect  that 
this  suit  has  been  ten  years  pending,  prose- 
cuted with  all  the  zeal  aud  industry  the  plain- 
tiff's counsel  was  capable  of,  at  very  great  cost, 
labor,  and  inconvenience  to  the  plaintiff,  oc- 
casioned    by     numerous     unfounded     excep- 
tions, rules,  unsound   pleas,  and  commissions 
to  foreign  countries   never   returned,   for   the 
purpose  of  driving  the  plaintiff  out  of  court. 
To  grant  a  new  trial  would  be  tantamount  to 
refusing  the  plaintiff  justice  altogether,  as  he 
has  no  money  wherewith  to  carry  on  another 
ten  year  siege.     The  case  should  be  allowed 
to  go  to  the  Supreme  Court,  where*  it  has  in 
effect  been  already  three  times.     That  court  is 
fully  competent  to  examine  the  whole  subject, 
and  if  there  have  been  any  error  by  your  honor 
or  by  the  jury,  it  can  correct  such  error,  and 
do  justice  to  all  parties  without  further  trouble 
to  this  court,  jurors,   or  witnesses,   who  have 
already,  as  your  honor  knows,  devoted  very 
much  time  to  the  investigation  of  this  subject, 
and  jurors  certainly  ought  to  be  exempt  from 
the  penalty  of  being  again  locked  up  by  day 
and  by  night  in  the  jury  room   when  there  is 
no  occasion  for  it.     The  Supreme  Court  said, 
in  deciding  in  a  former  appeal,  that  it  was  the 
peculiar  province   of  the  jury   to    terminate 
questions  of  damages  of  this  nature. 

The  defendant  claimed  a  trial  by  jury  before 


256 


LIFE   OF   JACOB   BARKER. 


his  honor  Judge  Buchannan,  also  before  your 
honor.  The  plaintiff  on  all  occasions  was 
anxious  to  relieve  the  jury  from  the  considera- 
tion of  such  a  complicated  case,  and  proposed 
to  have  the  case  tried  first  by  Judge  Buchan- 
nan, and  then  by  your  honor,  to  which  the  de- 
fendant would  not  consent,  insisting  on  a  jury, 
and  when  one  jury  decided  against  him  in  a 
very  moderate  sum,  he  refused  to  allow  it  to 
go  to  the  Supreme  Court,  demanded  and  ob- 
tained a  new  trial,  which  has  taken  place. 

A  more  intelligent  jury  were  probably  never 
impanelled,  and  yet  your  honor  is  requested  to 
interpose  your  judgment  in  opposition  to 
theirs,  vacating  the  same  on  the  ground  that 
your  honor's  judgment  in  the  matter  is  supe- 
rior to  that  of  the  j  ury. 

So  far  from  your  honor  entertaining  an 
opinion  at  variance  with  that  of  the  jury,  I  am 
persuaded  your  honor's  judgment  corresponds 
therewith.  Your  honor  having  twice  heard  and 
fully  considered  the  testimony,  cannot,  I  think, 
but  approve  of  the  decision. 

To  annul  their  proceedings,  after  all  that  has 
been  said  and  done,  written  and  published, 
would  be  likely  to  create  a  feeling  of  opposi- 
tion between  courts  and  juries,  which  the  pub- 
lic good  requires  should  be  harmonious. 

Again  :  increase  the  difficulties  in  obtaining 
satisfaction  for  personal  wrongs  through  the 
courts  of  law,  you  encourage  a  resort  to  per- 
sonal violence,  which  too  often  results  fatally, 
as  the  records  of  our  criminal  courts  of  late 
furnish  melancholy  evidence.  The  damages 
are  excessive,  say  the  gentlemen,  this  involves 
an  inquiry  into  the  whole  controversy. 

This  case  is  so  fruitful  of  events,  and  the 
testimony  so  voluminous,  that  no  counsel  can 
do  it  justice  in  one  day  much  less  in  one  hour. 

The  plaintiff  claimed  $10,000  on  the  follow- 
ing grounds : 

1st.  That  the  said  defendant,  under  false 
pretences,  caused  to  be  sequestered  a  chrono- 
meter belonging  to  the  plaintiff,  thereby  in- 
juring his  professional  reputation. 

2d.  That  said  defendant  interfered  with 
plaintiff's  authority  as  commander  of  said 
barque,  and  incited  the  crew  of  said  vessel  to 
disobedience,  thereby  causing  petitioner  great 
loss  and  trouble. 

3d.  That  the  said  defendant  caused  the  peti- 
tioner to  be  arrested  and  confined  in  prison, 
without  any  justifiable  cause,  thereby  interfer- 
ing with  his  business,  causing  him  great  loss, 
and  injuring  his  reputation  as  a  shipmaster. 

4th.  That  the  said  defendant  caused  the  said 
barque  "  Aldebaran"  to  be  taken  possession  of 
by  unfounded,  malicious,  and  calumniating 
misrepresentations,  to  the  great  detriment  of 
petitioner. 

5tL  That  the  defendant,  aided  and  assisted 
by  the  British  consul  and  others,  got  unlawful 
possession  of  the  said  barque  under  a  false 
and  void  order,  purporting  to  be  from  the 
United  States  district  court,  and  put  her  to  sea, 


not  permitting  petitioner  to  remove  his  wearing 
apparel  and  other  effects  from  said  vessel, 
and  that  a  portion  of  his  effects  was  thus  lost 
to  him. 

The  various  questions  presented  in  this  case 
to  the  consideration  of  this  honorable  court 
are  of  vast  importance  to  all  commercial  and 
mercantile  men,  who  do  not  care  a  rush  for 
Captain  York,  Mr.  Mure,  Mr.  Barker,  or  the 
owners  of  the  Aldebaran,  but  they  are  shocked 
at  the  supposition  that  a  consul,  by  virtue  of 
his  office,  has  power  to  disposses  their  ap- 
pointed agents  in  foreign  countries  of  their 
property.  Establish  or  sanction  this  pretence 
and  no  provident  man  would  invest  a  dollar  in 
a  vessel  bound  on  any  foreign  voyage. 

The  most  wealthy  merchant  would  be  ex- 
posed to  ruin  by  acts  of  irresponsible  consuls, 
over  whom  they  would  not  have  any  control, 
and  in  the  selection  or  appointment  of  whom 
they  have  no  voice  ;  and  if  a  British  consul 
has  that  power,  an  American  and  all  other 
consuls  would  have  it.  A  great  number  of 
persons  are  selected  for  such  offices  who  would 
not  be  trusted  at  home  with  a  single  hundred 
dollars.  On  the  trial  of  this  cause  in  1854, 
the  consul  testified  as  follows :  "  I  am  the 
British  consul  for  the  port  of  New  Orleans.  I 
removed  Captain  York  from  the  command ;  in 
doing  so  I  acted  in  my  official  capacity  ac- 
cording to  law.  I  have  had  four  or  five  times 
occasion  to  displace  captains  of  vessels  for 
bad  conduct.  I  did  so  in  my  capacity  as  con- 
sul." 

The  evil  of  establishing  such  a  principle 
must  be  too  apparent  to  receive  the  saction  of 
any  court  of  law  in  the  United  States,  or  to 
require  remark  from  me. 

I  assume  that  neither  the  President  of  the 
United  States,  with  or  without  the  advice  of 
the  Senate  and  his  cabinet  ministers,  nor  the 
Queen  of  England,  with  or  without  the  advice 
of  the  whole  ministry,  could  legally  remove  a 
commander  of  a  private  ship  ;  that  they  could 
not  confer  on  a  consul  powers  they  did  not 
possess  themselves ;  that  a  consul  is  a  mere 
commercial  agent,  with  powers  regulated  by 
provisions  of  law,  and  that  if  he  wishes  to  estab- 
lish his  authority,  be  it  what  it  may,  he  must 
produce  the  law  upon  which  he  relies. 

That  an  owner  of  a  ship  has  full  authority  to 
remove  the  commander,  with,  or  without  cause; 
that  his  authority  in  no- wise  justified  false  im- 
prisonment, slander,  or  the  sequestration  of 
baggage  and  nautical  instruments  without  pro- 
cess from  a  court. 

That  the  power  to  remove  must  exist  or  be 
established  before  an  inquiry  can  be  made 
whether  or  not  there  was  cause  for  removing 
a  commander  in  lawful  possession ;  that  an 
agent  claiming  authority  to  remove  a  com- 
mander is  bound  to  produce  his  authority  be- 
fore such  commander  is  under  any  obligation 
to  respect  it. 

That  a  subsequent  ratification  cannot  oper- 


YORK   VERSUS   CHILTON. 


257 


ate  to  the  prejudice  of  third  parties,  and  espe- 
cially not  if  made  on  a  false  representation. 

That  all  parties  who  attempt  to  establish  a 
point  or  position  are  bound  to  produce  the  best 
testimony  the  case  is  capable  of. 

That  the  contents  of  a  written  paper  cannot 
be  proved  by  oral  testimony  until  the  loss  of 
the  original  is  established,  and  not  then  with- 
out the  production  of  verified  copies,  if  ob- 
tainable. 

That  verbal  authority  could  not  regulate  or 
control  written  or  positive  instructions,  and  if 
it  could,  the  verbal  authority  must  have  been 
given  subsequent  to  such  written  instructions. 

That  the  rights  of  the  parties  must  be  de- 
cided on  the  facts  as  they  existed  at  the  time 
this  suit  was  commenced. 

That  hearsay  testimony,  except  what  may 
have  been  said  by  the  parties  is  inadmissible. 

That  a  ratification  on  a  false  representation 
is  void;  that  a  ratification,  no  matter  under 
what  circumstances  given,  could  not  by  any 
possibility  impair  the  vested  rights  of  a  third 
party.  In  the  admiralty  suit  his  honor  Judge 
McCaleb  said  a  consul  was  a  mere  commercial 
agent. 

The  plaintiff's  testimony  fully  establishes  all 
the  allegations  set  forth  in  the  petition. 

So  far  as  I  understand  the  defendant,  he  re- 
lies on  the  plea  that  the  plaintiff  was  deprived 
of  the  command  of  the  Aldebaran  by  the  Bri- 
tish consul.  That  consuls,  by  virtue  of  their 
olEce,  are  authorized  to  remove  ship-masters, 
for  what  they  may  consider  cause;  that  he  was 
the  duly  authorized  agent  of  the  owner ;  that 
his  action  was  without  malice,  and  that  the 
action  of  the  consul  and  of  the  defendant  were 
approved  and  ratified  by  the  owner  of  the  Alde- 
baran, and  that  of  the  consul  by  his  govern- 
ment. 

The  consul's  representations  to  his  govern- 
ment are  proved  to  have  been  false  throughout. 
The  representations  of  defendant  to  the  justice's 
court,  to  the  recorder's  court  and  to  the  United 
States  court  having  been  false,  the  legal  pre- 
sumption is,  that  his  representations  to  Messrs. 
Holderness  &  Chilton  were  false,  his  letter  of 
the  10th  April,  18-45,  sent  by  the  consul  to  the 
Earl  of  Aberdeen,  was  calculated  to  mislead. 

Those  representations  being  unfounded,  any 
ratification  thereon,  whether  from  the  govern- 
ment, the  owner  of  the  Aldebaran,  or  others, 
would,  if  otherwise  available,  be  valueless. 

The  defendant  insists  that  it  was  the  consul, 
and  not  the  defendant  who  deprived  the  plain- 
tiff of  the  possession  of  the  ship. 

The  plaintiff  insists  that  the  consul  d'd  not 
and  could  not  remove  him;  that  two  weeks 
subsequent  to  the  consul's  attempt  to  place 
Scott  in  command,  he  and  the  defendant  recog- 
nized the  plaintiff  in  command,  and  gave  per- 
mission to  remove  the  rebellious  mate  "Scott." 
In  proof  of  this,  plaintiff  refers  to  Mr.  Barker's 
correspondence  with  the  consul,  and  to  the  con- 
sul's correspondence  with  plaintiff. 

17 


During  the  proceedings  before  the  recorder's 
court,  Mr.  Barker  negotiated  a  compromise 
with  the  parties,  as  will  be  seen  by  the  follow- 
ing correspondence. 

New  Orleans,  April  18,  1845. 

DearSir:  You  having  satisfied  me  that  I  was 
in  error  in  supposing  that  I  could  discharge  the 
mate  of  the  barque  Aldebaran,  under  my  com- 
mand, without  the  consent  of  Her  Britannic 
Majesty's  consul,  I  have  again  to  request  your 
consent  to  my  discharging  Mr.  Scott,  chief 
mate  of  said  vessel,  for  reasons  heretofore  as- 
signed to  you,  and  because  I  do  not  think  that 
harmony  could  prevail  on  the  homeward  voyage 
if  he  should  be  continued. 

The  error  of  opinion  under  which  I  was  la- 
boring on  the  subject  led  me,  when  you  refused 
your  consent,  to  the  use  of  intemperate  expres- 
sions to  you,  near  the  post-office,  which  expres- 
sions I  withdraw,  and  regret  having  made  use 
of  them. 

Your  obedient  servant, 

WM.  B.  YORK, 
Master  of  the  barque  Aldebaran. 

William  Mure,  esq., 

Her  Britannic  Majesty's  consul. 


British  Consulate,  New  Orleans, 

April  21,  1845. 

Sir  :  I  have  received  your  letter  of  the  18th 
insc,  in  which  you  have  expressed  regret  for 
certain  intemperate  expressions  made  use  of 
towards  me,  in  reference  to  my  refusal  to  con- 
sent to  the  discharge  of  the  mate  of  the  Alde- 
baran ;  I  have  merely  to  say  that  I  accept  the 
apology  tendered,  which,  however,  was  unneces- 
sary, as  I  do  not  permit  my  private  feelings  to 
influence  my  public  duties. 

In  regard  to  my  consent  to  your  now  dis- 
charging the  mate,  I  can  only  agree  to  your 
doing  so,  upon  the  understanding  that  this  is 
not  to  compromise  or  prejudice  any  proceed- 
ings which  may  be  taken  by  him  or  others  in 
the  courts  of  law  in  England. 

I  am,  sir,  yours,  &c, 

WM.  MURE, 
Her  Britannic  Majesty's  consul. 

Captain  W.  B.  York. 


British  Consulate,  New  Orleans, 

April  21,  1845. 

Sir:  In  handing  you  the  inclosed  letter,  I 
have  only  to  state  that  I  act  in  this  matter  pas- 
sively, having  no  desire  that  the  interests  of 
the  owners  of  the  barque  or  the  charterers 
should  suffer  by  delay,  in  offering  opposition  to 
a  jurisdiction  over  my  consular  duties,  by  tri- 
bunals whose  power,  in  this  matter,  I  cannot 
acknowledge. 

The  best  course  for  you  to  pursue  is,  to  lay 


258 


LIFE   OP   JACOB   BARKER. 


the  whole  matter  before  the   owners   on  your 
arrival  in  England. 
I  am,  sir,  yours,  &c, 

WM.  MURE, 
Her  Britannic  Majesty's  consul. 

The  plaintiff  insists  that  he  was  not  deprived 
of  the  command  of  the  Aldebaran  until  the 
evening  of  the  28th  April,  1845,  when  the  de- 
fendant took  her  from  the  possession  of  the 
United  States  marshal's  keeper,  on  a  false  order 
from  the  clerk  of  the  federal  court. 

The  Aldebaran  had  been  libelled  in  the 
United  States  court  by  R.  H.  Chilton,  represent- 
ing her  to  belong  to  Thomas  Hunter  Holder- 
ness,  of  Liverpool,  and  that  he  was  the  duly 
authorized  agent  of  the  said  Holderness,  in 
which  libel  suit  the  consul  united.  A  rule  was 
taken  to  deprive  plaintiff  of  the  possession  aud 
to  deliver  the  Aldebaran  to  the  said  Thomas 
Hunter  Holderness  on  his  giving  security.  This 
rule,  after  a  severe  contest,  was  on  Friday,  the 
25th  April,  1845,  dismissed,  the  court  saying 
that  he  had  not  established  either  the  owner- 
ship or  agency ;  whereupon  the  counsel  for 
libellant  asked  a  re-hearing  on  the  ground  that 
he  was  taken  by  surprise,  inasmuch  as  he  had 
supposed  for  the  purposes  of  the  rule  the  alle- 
gation in  the  libel  would  be  taken  for  true. 
The  counsel  should  have  known  that  in  neither 
the  court  of  chancery  or  the  admiralty  court 
could  a  party  claiming  be  put  in  possession 
without  proof,  his  allegations  can  only  be  taken 
for  true  so  far  as  to  authorize  an  injunction  or 
sequestration. 

The  re-hearing  was  granted  to  take  place  the 
following  week. 

In  place  of  waiting  for  a  re-hearing  the  de- 
fendant and  the  consul  resolved  to  take  off  the 
Aldebaran  by  force,  had  a  steamboat  along- 
side of  the  ship  and  made  the  other  necessary 
arrangements,  when  being  foiled  in  their  at- 
tempt to  take  her  off  while  the  suit  was  pend- 
ing, they  employed  more  lawyers,  and  on  Wed- 
nesday evening  William  Mure,  John  Winthrop 
and  John  Claiborne  repaired  to  the  residence 
of  Judge  McCaleb,  and  obtained  an  order  for 
the  discontinuance  of  the  suit  on  payment  of 
the  costs,  as  follows: 

"  The  proctor  for  libellant  in  this  case  has 
asked  for  an  order  to  discontinue  the  libel ;  '  as 
there  seems  to  be  no  reason  why  this  order 
should  not  be  granted,  the  clerk  will  enter  an 
order  to  that  effect,  upon  the  payment  of 
costs.'" 

Clerk's  Office,  April  29,  1845. 

I  hereby  certify  that  the  above  are  true  and 
correct  extracts  from  the  minutes, 

N.  R.  JENNINGS. 

On  receiving  the  above  a  most  extraordinary 
scene  took  place  at  the  office  of  the  clerk  of 
the  court,  when  he  was  induced  to  issue  the 
following  order,  without  reading  it,  which  was 
drawn  up  by  one  of  these  lawyers : 


UNITED  STATES  OF  AMERICA, 

EASTERN    DISTRICT    OF    LOUISIANA. 

The  President  of  the  United  States  of  America, 
to  the  Marshal  of  the  Eastern  District  of 
Louisiana,  or  his  lawful  deputy ,  greeting: 
Whereas,  in  the  district  court  of  the  United 
States,  in  and  for  the  eastern  district  of  Loui- 
siana, the  judge  has  this  day  issued  the  follow- 
ing order,  to  wit:  Holderness  vs.  The  barque 
Aldebaran,  the  proctor  for  libelant  in  this  case 
has  asked  for  an  order  to  discontinue  the  libel, 
as  there  seems  to  be  no  reason  why  this  order 
should  not  be  granted,  the  clerk  will  enter  an 
order  to  that  effect,  upon  payment  of  costs; 
under  this  order  of  the  court,  the  barque  Alde- 
baran, libeled  by  Thomas  Hunter  Holderness, 
has  been  released  from  seizure,  according  to 
law,  aud  the  costs  of  suit  up  to  this  date  having 
been  paid,  you  are  hereby  commanded,  con- 
formably to  law,  and  the  order  of  the  said  court, 
to  cause  the  said  barque  Aldebaran  to  be  de- 
livered to  the  said  Thomas  H.  Holderness,  or 
his  agent,  and  hereon  make  return. 
Witness,  the  Hon.  Theo.  H.  McCaleb,  judge  of 
the  said  court,  at  New  Orleans, 
this  28th  day  of  April,  A.  D.  1845, 
aud  sixty-ninth  year  of  the  Inde- 
pendence of  the  United  States  of 
America. 

N.  R.  JENNINGS,  Clerk. 
The  counsel  for  York,  considering  the  cause 
at  rest  for  some  days,  left  the  city  on  Saturday 
evening  to  visit  his  son  then  very  sick  on  the 
coast ;  returning  on  Tuesday  morning,  found 
the  Aldebaran  had  been  taken  off;  he  repaired 
to  the  United  States  district  court,  examined 
the  documents,  and  inquired  of  his  honor, 
Judge  McCaleb,  if  he  had  authorized  such  an 
order  as  the  clerk  had  issued  under  the  great 
seal  of  the  United  States.  The  judge  replied 
that  he  had  not,  and  advised  that  a  rule  be 
taken  on  the  parties,  requiring  them  to  ex- 
plain. This  was  done,  and  the  following  rule 
granted : 

Thomas  Hunter     1  District  of  ^ 

Holderness  I    UnUed  gtates  for  the 

The  British  Barque  I     dist"Ct  °f  Louisiana> 
A  May  I,  lo4o. 

Aldebaran.         J         J    ' 

On  the  application  of  Jacob  Barker,  of  New 
Orleans,  herein  appearing  as  "amicus  curias," 
it  is  on  Sling  the  deposition  of  William  Broader 
York,  ordered  that  a  rule  be  granted  com- 
manding N.  R.  Jennings,  the  clerk  of  this 
court,  to  appear  on  the  seventh  day  of  May, 
instant,  at  one  o'clock,  a.  m.,  to  answer  a  con- 
tempt of  this  court  for  issuing  improperly,  and 
causing  the  seals  of  the  court  to  be  affixed 
thereto,  an  order  in  contravention  to  law,  and 
the  authority  possessed  by  said  clerk,  for  the 


YORK   VERSUS   CHILTON. 


259 


delivery  of  the  British  barque  Aldebaran  under 
seizure,  and  in  the  charge  of  the  marshal  of 
the  United  States,  to  Thomas  H.  Holderness, 
or  his  agent,  without  any  authority  for  so 
doing,  and  in  contempt  of  this  court. 

And  also,  at  the  same  time  and  place,  that 
Richard  Harrisou  Chilton,  William  Mure,  John 
Winthfop,  and  John  Claiborne  be  also  com- 
manded to  appear  and  answer  a  contempt  of 
this  court  in  aiding  and  procuring  said  order 
of  said  clerk,  and  in  interfering  with  the  orders 
of  this  court  by  causing  the  said  barque  to  be 
removed  beyond  the  jurisdiction  of  this  court, 
as  set  forth  in  the  said  affidavit  of  William  B. 
York. 

The  following  testimony  of  the  clerk  of  the 
United  States  court,  and  R.  M.  Carter,  the  de- 
fendant's attorney,  tells  the  tale,  and  their  next 
move : 

Holderness,  &c,        ")  To  the  honorable 

vs.  judge  of  the  dis- 

The  Barque  Aldebaran.  I    trict  court  of  the 

Rule,  t  United  States  for 

vs.  the  State  ofLouisi- 

The  Clerk,  &c,  &c.      J    ana. 

The  clerk  of  this  court,  in  answer  to  the  rule 
taken  in  the  above  entitled  case,  admits  that 
an  order  as  stated  in  the  rule  issued  from  his 
office  under  his  signature  and  the  seal  of  the 
court,  but  utterly  denies  the  charge  as  alleged 
of  being  guilty  of  a  contempt  of  court  for 
issuing  an  illegal  order.  Whatever  was  done 
by  this  respondent  was  under  the  sincere  belief 
and  conviction  that  he  was  doing  no  more 
than  his  duty  as  clerk  of  this  court,  and  he 
begs  leave,  in  further  reply,  to  state  the  fol- 
lowing circumstances,  going  to  show  that  if 
any  error  was  committed  by  him,  it  was  simply 
an  error  of  judgment. 

On  the  evening  of  the  28th  ult.  Messrs. 
Winthrop  &  Claiborne,  accompanied  by  Mr. 
Mure,  the  English  consul,  came  into  respond- 
ent's office  with  a  written  order  from  the  judge 
of  this  court  in  the  following  words :  "  The 
proctor  for  the  libellants  in  this  case  have 
asked  for  an  order  to  discontinue  the  libel,  as 
there  seems  to  be  no  reason  why  the  order 
should  not  be  granted,  the  clerk  will  enter  an 
order  to  that  effect  upon  the  payment  of  costs." 
This  order  was  handed  respondent  by  Mr. 
Winthrop,  who  requested  that  he  would,  in 
conformity  thereto,  enter  up  an  order  of  dis- 
continuance, and  issue  to  the  marshal  a  writ 
of  release  of  the  barque  Aldebaran.  This  re- 
spondent refused  to  do  so,  stating  that  he  would 
give  only  a  copy  of  the  order  of  the  judge, 
under  the  certificate  and  seal  of  the  court. 
Mr.  Winthrop  then  said  that  such  a  document 
could  be  of  no  service,  and  in  a  peremptory 
manner  asked  the  respondent  if  he  understood 
him  in  the  presence  of  these  gentlemen  as  re- 
fusing to  follow  the  directions  of  the  judge  by 
not  giving  such  an  order  under  the  seal  of  the 


court,  as  the  judge  directed,  observing  further 
that  he  had  already  had  trouble  enough  in  this 
business,  and  the  parties  had  been  subjected 
to  great  expense.  The  respondent  then,  be- 
coming considerably  excited,  and  thinking, 
perhaps,  he  was  assuming  a  greater  responsi- 
bility than  he  ought  in  refusing  to  issue  a  writ 
of  release,  observed  to  Mr.  Winthrop  that  he 
did  not  refuse  to  obey  the  order  of  the  court, 
but  that  he  considered  his  tone  and  manner 
unnecessarily  captious,  and  that  he  would  not 
suffer  himself  to  be  dictated  to  in  his  office. 
Mr.  Winthrop  disclaimed  all  such  disposition, 
saying  that  he  wished  only  to  have  the  order 
of  the  judge  carried  into  effect.  Mr.  Claiborne 
then,  perceiving  that  we  both  were  much  ex- 
cited, came  forward  and  said  that  he  could 
very  easily  explain  the  matter  and  prevent  all 
difficulty,  as  he  was  present  when  Mr.  Win- 
throp called  upon  the  judge,  and  understood 
perfectly  what  his  order  intended  to  embrace. 
Mr.  Winthrop,  in  the  mean  time,  had  asked  one 
of  the  clerks  iu  my  office  for  a  blank  order  of 
release,  which  being  brought  to  him,  he  ob- 
served that  in  it  would  be  expressed  the  proper 
order  to  send  to  the  marshal  under  the  seal  of 
the  court;  still  somewhat  doubtful  as  to  the 
course,  aud  continuing  not  a  little  excited,  this 
respondent  requested  either  Mr.  Claiborne  or 
Mr.  Wintrop  (as  he  thinks)  to  draw  up  the 
order  themselves.  Mr.  Claiborne  agreed  then 
to  draw  it  up,  or  to  fill  up  the  blanks  in  such 
a  manner  as  to  conform  with  the  order  of  the 
court  as  he  understood  it.  He  then  drew  up 
the  order,  which  I  think  at  the  time  was  read 
over  by  Mr.  Winthrop,  (in  this,  however,  I  may 
be  mistaken,)  it  was  then  read  aloud  by  Mr. 
Claiborne,  who  observed  that  that  was  the 
order  of  the  judge.  I  then  read  it  over  rather 
hastily,  only  looking  particularly  to  that  part 
of  it  reciting  the  written  order  of  the  judge, 
aud  perceiving  it  to  be  correct,  affixed  my  sig- 
nature and  the  seal  of  the  court  thereto. 

N.  R.  JENNINGS,  Clerk. 
May  7,  1845. 

New  Orleans,  April  28,  1845. 
Received  from  J.  P.  Walden,  esq.,  in  con- 
formity  with  the    within   order  of  court,    the 
barque  Aldebaran  aud  cargo. 

Costs  in  full  to  be  paid  to  the  marshal. 
Sixteen  dollars  paid  men. 

R.  H.  CHILTON,  Agent. 


All  costs,  as  charged  by  the  marshal,  to  be 
paid  by  J.  Winthrop. 

R.  M.  CARTER. 

This  false  and  fraudulent  order  was  obtained 
by  Chilton's  counsel,  accompanied  by  another 
lawyer  and  the  consul,  repairing  to  the  office 
of  the  clerk  of  the  United  States  court,  who, 
refusing  to  give  the  order  they  demanded,  in- 
volved him  in  such  a  discussion  as  must  have 


260 


LIFE    OF   JACOB   BARKER. 


deprived  him  of  his  reason,  as  he  allowed 
them  to  draw  the  order  complained  of,  and 
on  one  of  the  lawyers,  telling  him  "  that  is 
what  the  judge  ordered,"  (his  excitement  con- 
tinuing,) sigus  it  without  reading  it,  attaching 
to  it  the  great  seal  of  the  United  States,  and 
delivers  it  to  the  defendant's  attorney. 

For  this  order  the  defendant,  with  yet  an- 
other lawyer,  was  waiting  at  the  steamboat 
office  ;  and  as  soon  as  obtained,  proceeded  to 
the  Aldebaran,  and  presented  it  to  the  deputy 
marshal,  as  set  forth  in  the  testimony  of  Carter, 
who  pointed  out  to  him  that  Chilton  was  the 
person  to  whom  the  ship  was  to  be  delivered, 
and  she  was  accordingly  delivered  to  him. 

Had  the  clerk  appellate  power  over  the 
court,  he  could  not  have  gone  further  after 
hearing  the  argument,  and  yet  it  it  was  done 
ex  paHe,  and  in  the  evening ;  and  further,  he 
transfers  to  the  marshal  the  power  to  decide 
who  the  agent  of  the  owner  was,  and  in  the 
absence  of  the  marshal  the  deputy  undertakes 
to  exert  the  power  thus  conferred  by  the  clerk 
on  the  marshal,  and  absolutely  delivers  the 
vessel  and  cargo  to  Mr.  Chilton,  taking  his  re- 
ceipt as  agent,  although  the  court  had  two 
d  iys  before  decreed  that  he  had  not  established 
his  agency  or  the  ownership  of  the  vessel,  and 
could  not  have  the  vessel  on  giving  bond  with 
security.  Thus  we  have  a  strange  anomaly 
presented,  not  only  a  clerk  of  the  court,  but  a 
ileputy  marshal,  reversing,  ex  parte,  the  de- 
rision of  the  court,  and  without  its  knowledge 
delivering  to  irresponsible  persons  the  whole 
property,  worth  near  one  hundred  thousand 
dollars,  who  sent  it  beyond  the  jurisdiction  of 
the  court  before  the  rising  of  the  sun  on  the 
following  day,  and  before  the  court  assembled, 
or  could  get  knowledge  of  what  had  been 
done,  announcing  in  the  morning  newspapers 
their  exploit. 

No  one  would  believe  that  any  foreigner 
would  dare  thus  to  trample  on  your  laws,  and 
insult  your  ministers  of  justice,  had  not  the  tes- 
timony elicited  on  the  trial  established  all,  and 
more  than  all,  charged  in  the  petition. 

Suppose  the  plaintiff  had  been  wasting 
the  property,  and  the  whole  going  to  ruin, 
would  not  the  consul  have  had  power  to  take 
possession,  asks  the  counsel.  I  say  no ;  our 
courts  are  established  for  that  power,  and  the 
consul  has  the  same  remedy  that  every  other 
man,  citizen  or  alien,  has,  and  no  more,  which 
is  to  invoke  the  •  conservative  power  of  the 
court.  In  all  such  cases  our  courts  grant 
prompt  relief  by  placing  suitable  guardians 
over  the  property  in  danger.  In  this  case  all 
the  testimony  goes  to  prove  that  the  ship  was 
in  the  finest  order,  and  Mr.  Gordon,  the  con- 
signee, testified  that  the  plaintiff  had  not 
drawn  any  unreasonable  sums  of  money,  that 
he  had  never  seen  him  drunk,  and  had  no 
complaint  to  make  against  him.  This  whole 
difficulty  has  grown  out  of  the  contempt  the 
consul  had  for  our  laws,  our  courts,  and  our 


public  officers,  disputing  from  the  first  the 
jurisdiction,  and  defying  their  authority,  and 
in  this  he  embarked  young  Chilton. 

RULE  FOR  CONTEMPT  OF  COURT. 

Richard  H.  Chinn,  esq.,  appeared  on  behalf 
of  Richard  H.  Chilton,  reading  his  answer : 

Mr.  Chinn  insisted  that  the  suit  having  been 
discontinued,  the  cause  was  out  of  court;  that 
its  power  to  punish  for  contempt  was  confined 
to  the  officers  of  the  court,  and  to  acts  com- 
mitted by  others  in  the  presence  or  immediate 
neighborhood  of  the  court,  and  that  there  was 
a  special  provision  in  the  act  of  Congress  re- 
gulating proceedings  in  case  of  interference 
with  the  marshal  elsewhere  in  the  performance 
of  his  duties  j  which  was  by  indictment  by  the 
grand  jury,  and  trial  after  such  indictment  for 
a  criminal  offence ;  and  he  supported  this  doc- 
trine by  alluding  to  the  act  of  Congress  passed 
2d  March,  1831,  which  provides — 

Sec.  1.  Be  it  enacted,  &c.,  That  the  power 
of  the  several  courts  of  the  United  States  to 
issue  attachments  and  inflict  summary  punish- 
ments for  contempt  of  court,  shall  not  be  con- 
sidered to  extend  to  any  cases  except  the  mis- 
behavior of  any  person  or  persons  in  the  pre- 
sence of  the  said  courts,  or  so  near  thereto  as 
to  obstruct  the  administration  of  justice,  the 
misbehavior  of  any  of  the  officers  of  said  courts, 
party,  juror,  witness,  or  any  other  person  or 
persons,  to  any  lawful  suit,  process,  order,  rule 
decree,  or  command  of  said  courts. 

Sec.  2.  That  if  any  person  or  persons  shall, 
corruptly,  or  by  threats  or  force,  endeavor  to 
influence,  intimidate,  or  impede  any  juror,  wit- 
ness, or  officer  in  any  court  of  the  United 
States  in  the  discharge  of  his  duty,  or  shall 
corruptly,  or  by  threats  or  force,  obstruct  or 
impede,  or  endeavor  to  obstruct  or  impede  the 
due  administration  of  justice  therein,  every 
person  or  persons  so  offending  shall  be  liable 
to  prosecution  therefor  by  indictment,  and 
shall,  on  conviction  thereof,  be  punished  by 
fine  not  exceeding  five  hundred  dollars,  or  by 
imprisonment  not  exceeding  three  months,  or 
both,  according  to  the  nature  and  aggravation 
of  the  offence.  This  law  was  passed  on  30th 
April,  1790.  Section  23.  See  EngersolFs 
Abridgement,  page  494. 

By  the  following  proceedings  in  the  United 
States  court,  it  will  be  perceived  that  the  Hon. 
Judge  McCaleb  excused  these  men  from  con- 
tempt, on  their  own  affidavits  that  they  did  not 
mean  any  contempt  of  the  court.  It  was  lucky 
for  them  that  I  was  not  judge.  Had  I  been, 
the  clerk  should  have  been  dismissed,  and  the 
whole  of  them  imprisoned  and  punished  to  the 
extent  of  the  law. 
Thomas  H.  Holderness,  et  al.  }  U.  S.  District 

vs.  >        Court. 

The  British  Bark  Aldebaran.  J  May  19, 1845. 

The  rule  taken  in  this  cause,  as  continued 
from  the  7th  instant,  against  the  clerk  and 


YORK   VERSUS   CHILTON. 


261 


others,  to  sbow  cause  why  they  should  not  be 
punished  for  a  contempt,  came  on  this  day  for 
trial,  and  the  following  parties,  defendants,  ap- 
peared : 

John  Winthrop  and  John  Claiborne  in  pro- 
pria persona  presented  their  answer,  duly 
sworn  to,  which  was  ordered  to  be  filed. 

N.  R.  Jennings,  represented  by  R.  N.  Ogden, 
esq.,  William  Mure,  represented  by  William 
Christy,  and  R.  H.  Chilton,  by  A.  H.  Chinn, 
esq.,  all  of  whom  presented  their  answers, 
duly  sworn  to,  which  were  accordingly  filed. 
The  argument  of  the  parties  and  their  counsel 
being  heard,  the  court,  having  considered  the 
answers  of  defendants,  was  satisfied  that  no 
contempt  of  court  was  intended  by  the  de- 
fendants. Therefore,  the  rule  is  dismissed,  re- 
serving to  the  parties  all  the  rights  in  civil 
action,  if  any  wrong  has  been  done,  to  which 
they  may  be  entitled. 

THEO.  H.  McCALEB. 

In  the  case  of  the  chronometer,  the  defend 
ant  himself  determined  to  remove  it  beyond 
the  jurisdiction  of  the  court,  and  swore  that  he 
had  good  reason  to  believe  that  the  chronome- 
ter would  be  removed  beyond  the  jurisdiction 
of  the  court,  meaning  that  it  would  be  removed 
by  plaintiff. 

No  loss  proved,  said  the  counsel.  Does  he 
consider  the  loss  of  one-third  of  the  cabin 
passage  money  of  a  ship  of  600  tons  nothing? 
Does  he  consider  the  loss  of  one-half  the  cabin 
freight  of  such  a  ship  nothing?  Does  he  con- 
sider the  loss  of  all  the  other  perquisites 
nothing?  Does  he  consider  the  loss  of  em- 
ployment nothing?  Does  he  consider  the  loss 
of  professional  reputation  nothing?  Does  he 
consider  having  his  trunks  broken  open  and 
rifled  of  their  contents  nothing?  Does  he 
consider  the  expense  of  the  prosecution  of  the 
various  suits  nothing?  The  successful  defence 
of  those  suits  justifies  his  having  defended 
them,  and  the  result  of  the  employment  of  able 
counsel;  and  was  it  not  the  illegal  acts  of  the 
defendant  that  involved  him  in  this  expensive 
litigation?  and  do  not  the  laws  of  Louisiana 
say  that  "He  who  does  another  an  injui'y  shall 
be  liable  to  such  other  for  such  injury?"  He 
had  to  procure  professional  assistance  in  the 
defence,  and  had  the  aid  of  Mr.  Latour,  Judge 
Lacy,  Judge  Bullard,  Mr.  Soule,  Mr.  Frost, 
Mr.  Gaither,  and  Mr.  Barker;  and  the  supreme 
court  say  he  is  bound  to  pay  his  counsel ;  and 
what  estimate  does  the  gentleman  put  on  the 
value  of  their  services  in  such  a  protracted 
litigation,  when  he  says  five  hundred  dollars 
was  the  most  the  jury  should  have  allowed? 

My  friend  Roselius  wished  me  to  discuss 
with  him  sundry  law  authorities;  preferring  to 
deal  in  facts  I  left  that  field  with  himself,  in 
which  he  has  been  so  justly  conspicuous. 
Confiding  in  your  honor's  knowledge  of  the 
law,  I  did  not  think  either  of  us  could  en- 
lighten you  thereon.  Besides,  all  the  time  of 
.the  court  which  was  proper  for  me  to  use  on 


the  occasion  was  required  in  bringing  to  its 
view  matters  having  a  direct  bearing  on  the 
issue. 

I  was  very  sorry  that  I  could  not  remain  in 
court  during  his  four  hours'  display.  I  am 
always  delighted  when  listening  to  the  elo- 
quence of  that  giant  in  the  legal  profession. 
My  other  engagements  imperiously  demanded 
my  attention  elsewhere,  and  I  was  compelled 
to  make  the  sacrifice.  He  dwelt  at  length  on 
my  want  of  consideration  for  his  law  authorities. 

My  friend  should  have  remembered  that  it 
was  little  David  who  slew  Goliah. 

No  malice,  say  the  gentlemen.  What  said 
the  Supreme  Court  in  the  case  of  Barker  vs. 
York,  et  als.1  I  beg  leave  to  refer  your  honor, 
for  its  opinion,  to  3d  Ann.,  p.  90.  That  court 
said : 

"The  relations  of  counsel  and  client  are  too 
sacred,  too  confidential,  too  important,  to  be 
endangered  by  the  presence  of  any  adverse 
interest.  The  plaintiff  was  employed  by  York, 
who  is  bound  to  pay  him.  In  the  relentless 
war  carried  on  against  him  by  Chilton,  York 
threw  himself  upon  his  legal  rights.  His 
interests,  to  say  nothing  of  his  passions,  re- 
quired that  he  should  be  reinstated  or  main- 
tained in  the  command  of  the  barque.  But 
the  defendant's  interests?  In  respect  to  them, 
we  only  feel  ourselves  called  upon  to  say,  that 
they  were  not  identical  with  those  which  were 
avowedly  maintained  on  behalf  of  York;  in- 
deed, under  a  full  view  of  the  critical  and 
embarrassing  circumstances  with  which  those 
interests  were  surrounded,  we  consider  them 
to  have  been  in  conflict  with  the  course  which 
York  felt  himself  at  liberty  to  adopt  for  the 
protection  of  what  he  considered  to  be  his 
legal  rights-" 

Has  not  this  relentless  war  continued  down 
to  the  present  day?  Was  there  no  motive  in 
insisting  on  putting  in  that  vile  letter  from 
the  consul  to  the  Earl  of  Aberdeen?  The 
pretence  that  the  plaintiff  had  originally  called 
for  this  letter,  was  not  any  excuse  for  intro- 
ducing it  a  second  and  third  time,  after  its 
contents  were  known. 

It  was  claimed  that  the  consul's  conduct  had 
been  approved  by  his  government.  It  was  im- 
possible to  know  how  to  estimate  such  ap- 
proval, without  knowing  on  what  representa- 
tion it  had  been  made.  To  meet  this  objec- 
tion, the  consul's  letter  was  originally  pro- 
duced. Its  introduction  as  testimony  has  ever 
since  been  strenuously  resisted  by  plaintiff. 
Was  there  no  malice  in  introducing  it  on  this 
trial?  Was  there  no  malice  in  the  defendant, 
reading  it  himself  to  the  jury,  adopting  and 
confirming  all  the  relations  of  the  drunken 
sailors,  (hearsay  testimony,)  detailed  by  the 
consul,  as  also  all  the  consul  had  said  iu  that 
letter?  Your  honor  heard  him  tell  the  jury, 
after  reading  to  them  the  letter  and  the  con- 
sul's testimony,  that  it  contained  the  whole 
case.     And  you  heard  him,  after  reading  the 


262 


LIFE   OP   JACOB   BARKER. 


record  in  Scott's  suit,  say  to  the  jury,  that  after 
Scott  had  got  judgment  against  York,  the 
scamp  would  not  pay,  when  the  record  proved 
that  he  had  promptly  paid,  and,  no  doubt, 
before  leaving  court. 

What  were  the  facts  ?  The  vessel,  with  the 
nautical  instruments,  charts  and  baggage  of  the 
captain,  was,  in  effect,  although  not  in  the 
legal  possession  of  Scott  and  his  drunken 
witnesses,  from  which  he  knew  the  $24,  for 
which  he  had  obtained  judgment,  could  be  in- 
stantly made  on  an  execution,  with  which  the 
officer  might  have  accompanied  him  to  the 
barque,  there  found  ten  times  the  amount  due. 
Hence  no  truth  in  the  averment  that  "  said 
Wm.  B.  York  is  about  to  depart  permanently 
from  the  State  without  leaving  in  it  sufficient 
property  to  satisfy  his  demand,  and  that  he 
does  not  take  this  oath  with  the  intention  of 
vexing  said  Wm.  B.  York,  but  only  in  order 
to  secure  his  demand."  The  object  of  which 
was  to  imprison  and  disgrace  Captain  York, 
in  which  he  was  disappointed,  by  the  payment 
of  the  money  before  the  writ  of  arrest  was  ex- 
ecuted, as  the  record  produced  in  evidence  by 
the  defendant  proves. 

The  counsel  for  the  defendant  says  the  ac- 
tion of  defendant  was  without  malice,  and 
endeavors  to  establish  it  by  asking  the  opinion 
of  his  partner  and  of  his  lawyer.  Was  there 
ever  such  improper  testimony  before  offered  in 
any  court?  It  is  the  opinion  of  the  jury,  made 
up,  under  the  obligation  of  their  respective 
oaths,  from  the  facts  proven  in  the  case,  and 
the  testimony  which  is  to  govern  your  honor's 
decision,  and  not  the  opinion  of  outsiders. 
Your  honor,  on  the  former  trial,  heard  the 
counsel  for  the  defendant  justify  the  breaking 
open  and  robbing  of  the  trunks  of  the  plaintiff, 
by  Scott,  to  pay  himself  a  debt  which  he  said 
was  due  him  by  the  plaintiff,  which,  said  the 
counsel,  he  had  a  moral  although  not  a  legal 
right  to  do.  He  said  this  to  the  jury,  knowing 
that  all  accounts  between  Scott  and  York  had 
been  litigated  in  the  said  suit,  and  resulted  in 
a  judgment  in  favor  of  Scott  for  all  he  claimed, 
and  which  had  been  promptly  paid.  Was  there 
no  malice  in  this  ?  What  better  evidence  can 
there  be  than  continuing  to  dispute  that  the 
chronometer  belonged  to  plaintiff?  Your  honor 
heard  what  the  counsel  on  the  former  trial  said 
about  the  plaiutiff  having  gone  to  Mexico  to 
purchase  stock  for  the  California  market,  and 
about  his  boarding  at  the  house  of  a  colored 
woman.  I  will  not  repeat  what  I  know  your 
honor  must  recollect.  Was  there  no  malice  in 
this  ?  Was  there  no  malice  in  attempting  to 
swear  away  the  plaintiff's  character  as  a  ship- 
master? Is  there  not  malice  in  the  continued 
attempts  to  impugn  the  character  of  plaintiff? 
Is  there  not  malice  in  the  unprovoked  assaults 
on  the  counsel  of  plaintiff,  evidently  to  drive 
him  from  sustaining  the  plaintiff's  cause? 
What  possible  object  could  there  have  been 
for  the  oath  by   which  the   chronometer  was 


wrested  from  the  possession  of  plaintiff  other 
than  to  wound  the  feelings  and  injure  the  re- 
putation of  the  plaintiff?  It  was  not  necessary 
to  preserve  the  discipline  of  the  ship  or  for  the 
dispatch  of  business.  No  dispute  or  question 
had  arisen  as  to  its  ownership ;  no  attempt  to 
misuse  it  or  to  remove  it  from  its  proper  rest- 
ing place,  its  value  too  insignificant  to  have 
induced  any  such  a  harsh  step  to  protect  the 
property  from  theft. 

Was  there  no  malice  in  writing  scandalous 
rhymes  with  the  view  of  inducing  counsel  to 
abandon  plaintiff's  cause,  disparaging  Captain 
York  as  a  ship  master?  Neither  Mr.  Barker's 
innocent  grand  children,  in  their  infancy,  nor 
his  back  parlor  escaped  the  assaults  of  defend- 
ant, and  yet  your  honor  is  asked  to  believe  all 
was  done  without  malice  !  Those  scandalous 
rhymes  were  not  made  a  part  of  the  pleading, 
therefore  not  allowed  in  evidence,  yet,  as  your 
honor  was  furnished  by  defendant  during  the 
former  trial  with  a  printed  copy,  your  honor 
knows  their  import. 

The  defendant  might  as  well  attempt  to  dis- 
enthral himself  from  his  other  sins,  without 
repentance,  as  to  establish  that  every  step  he 
has  taken  since  he  first  embarked  has  not  been 
malicious — has  not  been  from  a  determination 
to  triumph  at  the  expense  of  faith,  honor, 
truth,  and  the  rights  of  all  others. 

Infatuated  with  the  doctrine  that  the  king 
could  do  no  wrong — hence  that  the  queen 
could  do  no  wrong,  and  that,  as  a  matter  of 
course,  her  consul  could  do  no  wrong,  for 
Mure  was  a  Scotchman,  and  Scott  was  a 
Scotchman,  and  therefore  to  be  sustained,  right 
or  wrong,  they  resolved  to  set  all  your  laws, 
your  courts,  your  public  officers,  and  your 
private  citizens  at  defiance.  These  men  must 
be  taught  that  they  cannot  do  so  in  these  United 
States,  so  long  as  the  stars  and  stripes  wave 
over  her  halls  of  justice. 

The  counsel  for  defendant  denied  the  impri- 
sonment charged  in  the  petition,  and  said  that 
the  plaintiff  had  been  twice  arrested  and  im- 
prisoned on  other  charges  by  Scott,  for  drunk- 
enness and  disorderly  conduct.  He  must  have 
been  instructed  by  defendant  to  say  so,  as  there 
is  not  a  word  in  the  testimony  to  justify  such 
an  allegation;  no  such  complaints  were  ever 
made  against  the  plaintiff,  nor  did  any  such  ar- 
rests take  place;  if  it  had  been  otherwise, 
would  it  not  have  been  the  duty  of  defendant 
to  have  produced  proofs  from  the  public  re- 
cords in  support  of  the  charge,  or  some  other 
evidence  of  the  arrest  or  imprisonment?  They 
brought  into  this  court  the  record  of  the  suit 
of  Scott  vs.  York,  for  the  purpose  of  impeach- 
ing the  oath  of  plaintiff  because  drunken 
sailors  had  sworn  differently;  the  record  did 
not  furnish  any  such  testimony,  to  supply  which 
the  officer  was  examined.  The  record  should 
have  been  considered  to  contain  the  whole  case. 

I  would  ask  if  there^was  no  malice  in  this? 

Mr.  Mure,  in  his  dispatch  to  Lord  Aberdeen, 


YORK   VERSUS    CHILTON. 


263 


complains  that  Mr.  Barker  said  the  ratification 
by  the  owner  was  obtained  on  his  (Mure's)  ex- 
parte  representation.  Whether  the  representa- 
tion was  made  by  Mure  or  Chilton,  is  a  mere 
matter  of  moonshine;  they  were  so  intimately 
connected  in  every  stage  of  the  business,  that 
no  one  will  suppose  that  either  acted  without 
the  privity  and  approbation  of  the  other.  Mr. 
Mure  does  not  say  that  Chilton  did  not  apply 
for  the  ratification,  ac  his  instance,  or  on  his 
statement  of  facts  ;  all  he  says  is,  that  his  first 
letter  was  dated  on  the  3d  of  May,  therefore 
that  no  letter  could  have  been  read  from  him 
until  a  fortnight  after  the  ratification.  That 
the  application  was  ex-parte  is  certain  ;  and, 
judging  from  Mr.  Mure's  statement  to  Lord 
Aberdeen,  such  statement  must  have  been  a 
most  extraordinary  affair,  which  we  have  not 
as  yet  been  permitted  to  see. 

A  certain  pamphlet,  said  to  have  been  circu- 
lated by  Mr.  Barker,  was  made  a  matter  of 
great  complaint  by  Mr.  Mure,  in  his  testimony 
and  in  his  dispatch  to  Lord  Aberdeen,  and  is 
referred  to  in  his  lordship's  dispatch.  Why  did 
not  the  gentleman  produce  the  pamphlet  and 
allow  the  jury  to  form  an  opinion  for  them- 
selves thereon? 

The  British  government  did  not  consider  the 
pamphlets  of  any  importance,  and  refused  to 
enter  into  any  investigation  of  the  consul's 
conduct,  telling  Captain  York  that  he  had  not 
made  any  distinct  charges  against  him. 


"  Captain  York's  complaint  to  the  British  gov- 
ernment. 
"New  Orleans,  May  20,  1845. 

u  Honored  Sir:  Will  your  lordship  be  pleased 
to  peruse  the  accompanying  pamphlet,  touch- 
ing the  conduct  of  Wm.  Mure,  esq.,  her  Britan- 
nic Majesty's  consul  at  New  Orleans,  to  the  end 
that  if  his  conduct  therein  should  not  be  ap- 
proved by  the  authorities  at  home,  he  be  re- 
moved from  office? 

"  I,  as  a  native  born  subject  of  her  Majesty, 
late  commander  of  a  barque  sailing  under  her 
royal  colors,  and  owned  by  her  faithful  subjects, 
respectfully  ask  an  inquiry  into  this  matter  as 
an  act  of  justice. 

"  The  original  letters  from  Mr.  Mure  and  Mr. 
Chilton  as  her  Majesty's  subjects,  of  which 
copies  are  put  forth  in  the  pamphlet  of  Mr. 
Stringer,  of  this  place,  are  in  my  possession, 
ready  to  be  produced  if  their  authenticity 
should  be  disputed. 

"  I  have,  &c, 

"W.  B.  YORK, 
Late  master  of  the  British  barque 

Aldebaran,  of  Liverpool." 

11  Reply  of  the  British  government. 
"Foreign  Office,  June  24,  1845. 
"Sir:  I  am  directed  by  the  Earl  of  Aber- 
deen to  acknowledge  the  receipt  of  a  letter  ad- 


dressed by  you  to  Sir  Robert  Peel,  dated  the 
20th  ultimo,  requesting  that  an  inquiry  be 
made  into  the  conduct  of  Mr.  Mure,  her  Majes- 
ty's consul  at  New  Orleans,  and  that,  if  his 
conduct  be  not  approved,  he  may  be  removed 
from  office ;  and  I  am  to  state  to  you,  in  reply, 
that  as  no  distinct  charge  is  made  by  you 
against  Mr.  Mure,  Lord  Aberdeen  is  not  able 
to  enter  into  an  investigation  of  the  merits  of 
your  complaint,  and  that  the  pamphlet  which 
you  inclose  does  not  appear  to  call  for  any 
notice  from  his  lordship. 

"I  am  to  add  that  no  complaint  has  been 
made  to  Lord  Aberdeen  against  Mr.  Consul 
Mure  by  the  owners  either  of  the  '  Aldebaran ' 
or  of  the  cargo. 

"  I  am,  sir,  your  most  obedient,  humble  ser- 
vant, 

"  CANNING." 

The  plaintiff  has  done  everything  in  his 
power  to  expedite  the  proceedings  in  this  case; 
he  has  not  taken  out  any  foreign  commission. 
When  the  peremptory  exceptions  were  filed  in 
the  case  of  Barker  vs.  York  and  others,  he 
agreed  that  the  decision  in  that  case  should 
govern  this.  When  that  case  was  appealed, 
he  agreed  to  suspend  this  suit  until  that  was 
decided,  and  that  whatever  points  of  law 
should  be  thereby  established,  should  be  ap- 
plicable to  this  suit.  He  also  agreed  that  all 
the  evidence  in  the  case  of  Barker  vs.  York 
should  be  used  in  this  case.  He  never  de- 
manded a  jury;  the  defendant  originally  de- 
manded a  jury,  which  he  on  a  subsequent  trial 
waived.  When  the  plaintiff  urged  his  honor 
Judge  Buchanan  to  try  the  case  without  a 
jury,  the  Supreme  Court  having  said  that  it 
was  a  fit  case  to  be  determined  by  a  jury, 
"whose  peculiar  province  it  is  to  terminate 
questions  of  damages  of  this  nature,"  the 
judge  required  there  should  be  a  jury.  The 
defendants  refused  to  advance  the  fees ;  to 
obtain  a  trial,  the  plaintiff  had  to  do  so.  The 
jury  were  empannelled.  At  the  close  of  the 
testimony,  his  honor,  the  judge,  charged, 
among  other  things,  that  if  the  plaintiff  had 
not  made  out  all  the  points  of  his  complaint 
against  the  defendant,  the  verdict  must  be  for 
the  defendant.  Notwithstanding  this,  as  I  con- 
sider, erroneous  doctrine,  the  jury  found  for 
the  plaintiff. 

The  defendant  demanded  and  obtained  a 
decree  for  a  new  trial.  Before  it  could  take 
place,  his  honor,  Judge  Buchanan,  was  ele- 
vated to  the  Supreme  Court,  when  your  honor 
was  elected  by  your  fellow-citizens  to  till  the 
vacancy ;  and  when  the  case  was  called  in  the 
court  calendar,  the  defendant's  counsel,  to 
gain  time,  renewed  their  application  for  a  jury, 
which  was  resisted  by  the  plaintiff,  on  the 
ground  that  a  former  application  for  a  jury  by 
defendant  had  been  withdrawn.  To  transfer  it 
at  that  late  period  to  the  jury  docket  would 
carry  the  case  over  another  year  before  it  could 
be  tried — insisting  that  he  had  the  right  to 


264 


LIFE   OP   JACOB   BARKER. 


have  it  tried  by  the  court.  Your  honor,  how- 
ever, granted  the  application  for  a  jury,  be- 
cause the  Supreme  Court  had  spoken  of  it  as 
being  the  peculiar  province  of  a  jury  to  ter- 
minate such  matters.  The  case  came  on  the 
following  year,  on  which  the  jury  could  not 
agree.  It  again  came  on,  when  the  plaintiff 
proposed  to  dispense  with  a  jury,  and  to  try  it 
before  the  court,  which  proposition  was  rejected 
by  defendant,  when  a  jury  was  empannelled, 
who  rendered  the  verdict  from  which  this  appeal 
was  taken,  to  disturb  which  would  be  fraught 
with  incalculable  mischief. 

The  defendant's  counsel  have  had  much  to 
say  about  the  many  juries  that  have  had  this 
case  under  consideration ;  your  honor  will 
bear  in  mind  that  no  jury,  who  have  ever  been 
allowed  to  hear  the  testimony,  have  made  a 
decision  unfavorable  to  the  plaintiff,  and  that 
the  case  has  never  been  before  the  Supreme 
Court  since  it  decided  what  testimony  should 
be  received  and  what  rejected. 

Your  honor  recollects  how  strenuously  Mr. 
Barker  opposed  the  introduction  of  the  corre- 
spondence between  Mr.  Mure  and  Lord  Aber- 
deen, and  particularly  tbe  abusive  letter  of  Mr. 
Mure.  It  had  not  anything  more  to  do  with 
the  points  at  issue  in  this  case  than  the 
writings  of  Eugene  Sue  or  other  tales  of 
fiction. 

All  parties  who  questioned  the  authority  of 
her  British  Majesty's  consul  to  displace  cap- 
tains of  British  ships  by  virtue  of  his  official 
station,  incurred  his  deadly  hostility ;  hence 
the  relentless  war  on  Mr.  Barker  as  well  as  on 
Captain  York.  Mr.  Barker  has  fought  against 
British  presumption  and  arrogance  for  more 
than  fifty  years,  and  does  not  intend  to  haul 
down  his  flag  on  this  side  of  the  grave. 

Having  established  all  the  charges  made  in 
the  petition,  I  will  proceed  to  the  examination 
of  the  correspondence  of  Mr.  Mure  with  the 
British  government — a  performance  of  a  pain- 
ful duty,  which  these  gentlemen  imposed  upon 
me,  by  insisting  on  the  introduction  of  the 
letter  from  Mr.  Mure  to  Lord  Aberdeen. 

I  admonished  these  gentlemen  against  so 
rash  a  proceeding ;  they  would  not  heed  my 
advice — therefore,  they  must  abide  the  conse- 
quences. 

Letter  from  Wm.  Mure,  H.  B.  M.  Consul,  to 
to  the  Rigid  Honorable  the  Earl  of  Aber- 
deen, Secretary  of  State  for  Foreign  Affairs. 
British  Consulate, 
New  Orleans,  June  16,  1845. 
My   Lord:    I   take   the   liberty   of    laying 
before  your  lordship  a  statement  of  facts  in 
relation  to  the  British  barque  Aldebaran  and  the 
late  commander,  Captain  York,  which,  in  conse- 
quence of  the  unprecedented  course  pursued 
by  the  captain  and  his  legal  adviser,  has  been 
the  cause    of   a   great   deal    of  anxiety    and 
trouble  in  the  discharge  of  my  official  duties. 
I  had  hoped  to  have  spared  your  lordship  the 


necessity  of  this  communication,  the  more 
especially  as  the  course  which  I  pursued  was 
sanctioned  by  the  accredited  agent  of  the 
owner  in  this  city,  (Mr.  R.  H.  Chilton,)  and 
his  proceeding's  as  well  as  my  own  have  since 
been  ratified  by  the  owners  themselves,  Messrs. 
Holderness  &  Chilton,  Liverpool.  From  the 
pertinacity,  however,  with  which  Captain  York 
has  opposed  my  authority,  and  the  misrepre- 
sentations and  garbled  statements  made  by  Mr. 
Jacob  Barker,  his  counsel,  which  have  been 
printed  in  pamphlets,  and  reiterated  again 
and  again  in  the  newspapers,  I  have  been  re- 
commended by  Mr.  Paekenham,  whom  I  ad- 
vised on  the  subject,  to  furnish  your  lord- 
ship with  a  detailed  statement  of  the  circum- 
stances of  the  case. 

The  British  barque  Aldebaran,  belonging  to 
Thomas  Hunter  Holderness,  of  the  firm  of 
Holderness  &  Chilton,  Liverpool,  arrived  here 
from  the  port  of  Hull  about  the  Hhb  of  March, 
and  soon  after  his  (Captain  York's)  arrival  he 
lodged  a  complaint  with  me  against  his  first 
officer,  James  Scott,  for  alledged  disobedience 
of  orders.  On  the  13th  of  March  I  entered 
upon  an  investigation  of  the  complaint,  having 
notified  James  Scott  to  attend  to  answer  the 
charge  made  against  him.  Mr.  Scott  accord- 
ingly appeared,  and  Captain  York  was  accom- 
panied by  Edward  Mason,  second  mate,  Wm. 
Williams,  William  Knight,  George  Ritchie, 
and  James  Seenior,  seamen  on  board  said  ves- 
sel. The  captain  also  produced  his  loo-book. 
I  perceived  that  some  of  the  men  were  groggy, 
and  the  captain  himself  labored  under  the  ex- 
citement of  strong  drink,  and  after  examining 
them  upon  oath,  I  found  that  the  captain  had 
suborned  them,  and  had  promised  them  a  re- 
ward if  they  would  testify  against  Scott.  I 
also  learned  that  the  entry  made  in  the  log- 
book, on  the  27th  of  February,  which  was 
produced  in  support  of  the  charge  against 
Scott,  was  written  upon  the  slate  by  the  cap- 
tain, and  that  Edward  Mason,  the  second  mate, 
was  ordered  to  insert  it,  exactly  as  the  captain 
had  written  it,  and  forbidden  to  alter  a  word  of 
it  at  the  peril  of  his  life.  Edward  Mason  then 
testified  upon  oath  that  the  said  was  not  cor- 
rect or  true  in  many  particulars,  and  that  he 
had  written  it  under  fear  of  the  captain.  After 
examining  the  rest  of  the  witnesses,  also  under 
oath,  I  found  the  charge  of  the  captain  against 
the  mate  to  be  frivolous  and  unfounded,  and 
that  unless  Mr.  Scott  was  willing  to  take  hi3  dis- 
charge from  the  vessel  (a  course  which  I  some- 
times recommend  for  the  sake  of  peace)  I  could 
not  compell  him  to  be  discharged.  Mr.  Scott 
stated  that  under  the  circumstances  he  could 
not  consent  to  leave  the  vessel,  as  that  would 
be  tantamount  to  a  confession  that  he  was  in 
the  wrong,  and  might  ruin  his  prospects  for 
life.  Upon  this  the  captain  became  extremely 
violent  and  abusive  in  his  language;  he  threat- 
ened to  force  the  mate  ashore  at  the  peril  of 
his  life,  whether  I  agreed  or  not,  and  with  an 


YORK   VERSUS  CHILTON. 


265 


oath  and  most  indecorous  language,  told  me 
u  that  if  I  was  consul  he  would  show  me  that 
he  was  captain  of  the  ship."  Learning  that 
this  was  his  first  voyage  as  captain,  I  en- 
deavored to  reason  with  him  upon  the  impro- 
priety of  his  conduct:  exhibited  to  him  the  act 
of  Parliament  of  Tlh  and  8th  Vict.,  cap.  112  ; 
pointed  out  to  him  the  penalties  he  would  in- 
flict upon  himself  and  the  owners  by  perse- 
vereuce  iu  such  a  course  of  conduct ;  and,  as 
he  was  very  much  excited,  I  gave  him  a  week 
to  consider  of  this  matter.  In  the  meantime, 
in  order  to  prevent  bloodshed,  which  I  was 
apprehensive  might  follow  if  Mr.  Scott  perse- 
vered in  his  intention  of  returning  to  the  ves- 
sel, I  recommended  him  to  go  to  a  boarding- 
house  and  remain  passive  for  the  time  I  had 
specified.  About  a  week  after  this  examina- 
tion I  found  he  (the  captain)  was  not  only  in- 
tractable, but  had  also  displaced  his  second 
mate,  Edward  Mason,  and  had  threatened  to 
force  on  shore  the  whole  of  his  crew.  On  the 
26th  of  March  the  crew  appeared  in  a  body  at 
my  office  and  made  a  complaint  against  the 
captain  for  having  threatened  the  lives  of  some 
of  them,  and  in  particular  of  having  assaulted 
John  Lever  and  William  Whitton  without  pro- 
vocation, and  of  having  pulled  out  a  loaded 
pistol  upon  Francis  Mennill,  the  steward.  The 
crew  stated  that  the  captain  was  in  the  habit 
of  being  frequently  intoxicated,  laboring  under 
the  excitement  of  which  he  was  so  violent  that 
they  apprehended  danger  to  their  lives.  I  told 
the  crew  to  return  to  the  ship  to  their  duty, 
and  I  then  notified  the  captain  to  attend  at  the 
consulate  office  and  give  an  account  of  his  ex- 
traordinary conduct. 

To  this,  however,  he  paid  no  attention.  On 
the  31st  of  March  the  whole  crew  again  ap- 
peared at  my  office  and  stated  that  on  the  pre- 
vious evening  (Sunday  30th)  the  captain,  who 
was  very  much  intoxicated,  had  gone  forward 
to  ihe  forecastle  and  stripped  off  his  coat  and 
vtst  and  challenged  the  crew  to  fight  him,  one 
after  another,  and  on  their  refusal  to  take  any 
notice  of  him,  he  had  pulled  out  a  loaded  pistol 
and  threatened  with  oaths  that  "  if  the  consul 
would  not  allow  him  to  make  a  clean  sweep  of 
them,  he  would  do  for  them  when  he  got  to 
sea."  This  testimony  was  coroborated  by 
Cornwall  Meek,  the  cook,  who  has  been  thirty 
years  at  sea,  ten  of  which  he  was  in  the  em- 
ployment of  the  same  owners,  Messrs.  Holder- 
ness  &  Chilton.  He  adds  that  during  all  the 
time  he  had  been  at  sea  he  had  never  seen  any 
captain  conduct  himself  in  the  same  disgrace- 
ful manner  as  Captain  York.  The  crew  there, 
one  and  all,  protested  against  returning  with 
the  captain,  as  they  were  now  deprived  of  the 
countenance  of  the  first  and  second  officers, 
whose  presence  might  have  been  some  protec- 
tion against  the  violence  of  the  captain,  who 
had  apparently  produced  a  feeling  amongst  the 
crew  almost  amounting  to  mutiny. 

I  again  notified  the  captain,  on  the  3d  April, 


to  attend  at  the  consulate  office  and  produce 
his  log-book,  in  which  application  I  was 
seconded  by  Mr.  R.  H.  Chilton,  the  agent, 
whom  I  had  apprized  of  Captain  York's  irre- 
gularities and  who  promised  to  attend  at  the 
time  specified,  and  consult  with  me  what  was 
best  to  be  done  in  this  emergency.  To  this 
summons  Captain  York  again  paid  no  atten- 
tion ;  but  meeting  me  accidentally  a  few  days 
afterwards  in  the  street,  attacked  me  with  the 
most  opprobrious  epithets,  and  employed  the 
most  insulting  language.  The  vessel  being 
chartered,  I  then  applied  to  the  agent  of  the 
charterers,  Messrs.  Gordon,  Wylie,  &  Co., 
who,  however,  declined  interfering,  as  thej 
said  they  had  nothing  to  do  with  the  captain 
or  the  discipline  of  the  vessel,  their  responsi- 
bility merely  consisting  in  giving  a  certain 
number  of  bales  of  cotton  at  a  certain  freight. 
Upon  consulting  again  with  Mr.  Chilton,  I 
suggested  that  the  only  course  left  was  to  re- 
sort to  the  unusual  step  of  superseding  Capt. 
York  in  the  command  of  that  vessel,  in  order 
to  preserve  the  property  of  the  owners,  to  pre- 
vent the  forfeiture  of  the  insurance,  and,  at 
the  same  time,  the  expense  of  sending  the 
whole  crew  to  Hull,  which  would  have  been 
considerable,  as  there  were  no  vessels  loading 
for  that  port  at  the  time.  Accordingly,  on  the 
10th  April,  Mr.  R.  H.  Chilton  forwarded  me  a 
letter,  of  which  the  following  is  a  copy : 

New  Orleans,  April  10,  1845. 

Sir:  As  you  have  apprized  me  of  the  con- 
duct of  Captain  York  of  the  barque  Alde- 
baran,  since  his  arrival  in  port,  by  which  he 
appears  to  have  lost  all  discipline  on  board  the 
said  vessel,  occasioned  by  his  irregularities  and 
misconduct  towards  the  chief  officer  and  others, 
I  concur  with  you  in  opinion,  that  it  is  abso- 
lutely necessary  for  the  interest  of  his  owners, 
my  particular  friends  in  Liverpool  and  Hull, 
to  supersede  the  command  of  the  captain  at 
present,  and  I  shall  agree,  upon  the  part  of  the 
owners,  to  provide  the  said  Captain  York  with 
a  passage  to  England,  agreeably  to  the  act  of 
Parliament. 

In  the  meantime,  I  shall  look  out  for  a  com- 
petent captain  to  take  charge  of  the  vessel. 
I  am,  sir,  your  obedient  servant, 

R.  H.  CHILTON. 
William  Mure,  esq.,  H.  B.  M.  consul  : 

Captain  York  was  notified  of  this  by  Mr. 
Chilton,  and  Mr.  Scott,  the  mate,  was  placed 
in  temporary  command,  until  Mr.  Chilton  could 
find  a  trustworthy  and  competent  person  to 
take  command  of  the  vessel.  A  few  days 
thereafter,  Mr.  Chilton  introduced  to  me  a  Cap- 
tain Benjamin  Turner,  who  exhibited  to  me 
credentials  of  the  very  highest  character,  and 
he  was  accordingly  placed  in  command  of 
the  vessel  by  Mr.  Chilton,  with  my  consent. 
Captain  York  at  first  succumbed  to  his  dis- 
placement ;  but  in  consequence  of  a  morbid 
sympathy  created  amongst  a  few  of  the  British 


266 


LIFE   OF   JACOB    BARKER. 


shipmasters,  some  of  whom  were  his  convivial 
companions,  he  was  induced  to  make  applica- 
tion to  several  lawyers  for  advice.  None  of 
them,  however,  of  any  respectability  would  in- 
terfere in  the  matter,  but,  unfortunately,  he 
was  obliged  to  place  his  case  in  the  hands  of 
Mr.  Jacob  Barker,  who  has  rendered  himself 
notorious  on  former  occasions. 

On  the  14th  of  April,  Mr.  Barker  addressed 
a  letter  to  me,  notifying  me  that  it  was  Captain 
York's  determination  to  apply  to  the  courts  of 
the  United  States  to  reinstate  him  in  command 
of  the  vessel,  and  required  to  know  upon  what 
authority  he  was  superseded.  To  this  I  simply 
replied,  on  the  same  date,  by  stating  that  Cap- 
tain York  had  been  superseded  in  consequence 
of  the  gross  irregularities  of  his  conduct,  with 
the  sanction  of  the  accredited  agent  of  the 
owners,  and  declining  any  further  explanation 
regarding  my  authority  as  her  Majesty's  con- 
sul, in  sanctioning  the  dismissal  of  a  British 
captain. 

It  appears  that  Mr.  Barker  being  at  a  loss 
what  steps  to  take,  recommended  Mr.  York  to 
muster  a  sufficient  number  of  men,  and  take 
possession  of  the  vessel  by  force.  On  the  fol- 
lowing day,  the  15th  April,  Captain  York, 
along  with  some  eight  or  ten  individuals,  forci- 
bly entered  the  cabin  of  the  vessel,  and  inti- 
mated his  intention  of  retaining  possession  by 
force,  and  turning  the  whole  crew  adrift.  Mr. 
Chilton,  who  happened  to  be  on  board  at  the 
time,  fearing  from  the  menacing  language  em- 
ployed by  the  captain  that  a  breach  of  the 
peace  would  ensue,  repaired  to  the  recorder's 
office,  and  made  an  affidavit  to  that  effect.  The 
recorder  issued  his  warrant  for  the  apprehen- 
sion of  Captain  York,  who  was  immediately 
liberated  on  bail,  and  the  cause  came  for  trial 
on  17th  April.  Mr.  Barker,  who  had  appeared 
in  the  recorder's  court,  induced  the  recorder, 
who  was  merely  a  committing  magistrate,  to 
enter  upon  an  irrelevant  examination  as  to  the 
ownership  of  the  barque  and  the  authority  of 
the  agent,  against  which  Mr.  Chilton,  at  the  re- 
quest of  his  counsel,  protested,  and  withdrew 
from  the  court.  Although  Mr.  Chilton  had 
been  acting  for  some  years  as  the  authorized 
agent  of  the  owners,  in  the  management  of 
this  and  several  other  vessels  belonging  to  the 
firm  of  Holderness  &  Chilton,  and  although 
Captain  York  had  recognized  his  authority  up 
to  the  hour  of  dismissal,  yet,  having  no  special 
written  power  of  attorney  from  the  individual 
owners,  but  merely  a  general  letter  of  autho- 
rity from  the  firm,  it  became  evident  from  the 
course  matters  were  taking,  that  considerable 
difficulty  would  be  experienced  in  getting  the 
vessel  to  sea,  and  as  might  be  expected,  on 
19th  of  April,  the  recorder  dismissed  the  com- 
plaint. 

Being  extremely  desirous  to  avoid  any 
damage  to  the  interest  of  the  owners  by  delay- 
ing the  vessel  longer  in  port  than  was  neces- 
sary to  complete  her  cargo,  I  had,  in  the  in- 


terim, been  using  my  utmost  endeavors  to 
effect  an  arrangement  by  which  Mr.  York 
might  be  reinstated  in  the  nominal  command 
of  the  vessel,  and  thus  give  him  an  opportunity 
of  redeeming  himself.  I  had  several  inter- 
views with  Captain  Turner,  then  in  command, 
with  a  view  of  persuading  him  to  assume  the 
position  of  mate  or  first  officer.  Finding  the 
crew  had  great  confidence  in  his  management, 
I  had  some  hopes  of  inducing  them  to  return 
to  the  vessel  notwithstanding  all  that  had 
passed.  After  some  little  demur,  I  succeeded 
in  my  efforts,  and  persuaded  all  the  crew,  with 
the  exception  of  two,  to  remain  by  the  vessel. 
Mr.  Barker,  deeming  Captain  York's  disgrace- 
ful language  towards  myself  required  some 
apology,  induced  him  to  sign  a  letter  which  he 
had  penned,  retracting  the  offensive  expres- 
sions, which,  however,  I  told  him  was  unneces- 
sary, as  I  did  not  allow  my  private  feelings  to 
interfere  with  my  public  duties.  On  mention- 
ing the  terms  of  the  compromise  to  Mr.  Chil- 
ton, and  pointing  out  the  difficulties  of  the 
case,  in  consequence  of  the  interference  of  the 
recorder's  court  with  the  question  of  agency 
and  consulate  authority,  he  concurred  in  the 
proposed  arrangement.  I  then  waited  upon 
A.  G.  Gordon,  the  agent  of  the  charterers,  who 
also,  at  once,  gave  consent. 

Mr.  Barker  was  again  and  again  made  cog- 
nizant of  the  terms  of  the  proposed  arrange- 
ment, and  made  no  objection  to  Mr.  Turner 
remaining  as  mate,  although  your  lordship  will 
see  in  the  sequel  that  Mr.  Barker  had  deter- 
mined that  his  client,  Mr.  York,  should  violate 
the  very  essence  of  the  arrangement  upon 
which  he  was  permitted  to  reassume  that  com- 
mand which  his  conduct  had  so  shamefully 
forfeited. 

This  course  of  leniency  is  the  only  point  I 
can  take  blame  to  myself  for  having  urged.  If 
I  could  have  anticipated  the  faithless  manner 
and  unprincipled  conduct  with  which  this  act 
of  clemency  would  have  been  met,  I  would 
have  hesitated  before  I  would  have  urged  Mr. 
Chilton  to  have  adopted  such  a  course.  Your 
lordship  will,  however,  I  trust  appreciate  the 
motive,  and  see  the  difficulties  with  which  the 
case  was  surrounded. 

The  very  first  act  of  Capt.  York,  on  getting 
on  board,  was  again  to  turn  adrift  the  whole 
crew,  who  came  up  to  my  office.  Being  heartily 
tired  of  the  whole  proceedings,  and  being  at  a 
loss  what  to  do  in  the  matter,  I  desired  them 
to  go  to  Mr.  Chilton  and  seek  for  redress.  It 
appears  that  Mr.  Chilton,  on  ascertaining  the 
extraordinary  course  persevered  in  by  Captain 
York,  repaired  to  the  office  of  his  counsel,  Mr. 
John  Winthrop,  for  advice,  who  recommended 
him,  as  a  dernier  resort,  to  libel  the  vessel 
in  the  United  States  court  of  admiralty, 
and  at  the  same  time  to  request  my  con- 
currence in  the  proceedings,  which,  by  the 
laws  of  the  United  States,  was  necessary,  as 
this  was  the  only  court  which  could  take  cog- 


YORK   VERSUS    CHILTON. 


267 


nizance  of  a  case  involving  the  rights  of  owners 
of  British  ships.  I  had  no  hesitation  in  giving 
mv  sanction  to  the  proceedings.  I  mention 
this  fact  particularly  to  your  lordship,  because 
Mr.  Barker,  in  an  iiiflamatory  article  published 
in  one  of  the  newspapers,  says  that  this  sanc- 
tion was  unnecessary,  and  denounces  my  con- 
duct as  a  piece  of  tyrannical  oppression.  I  take 
the  liberty  of  referring  your  lordship  to  a  copy 
of  a  letter  from  Mr.  Winthrop  addressed  to  me, 
in  which  he  points  out  the  particular  law  in 
question.  On  the  vessel  being  loaded,  Mr. 
Chilton  made  application  to  the  collector  of 
the  port,  who,  under  the  advice  of  the  United 
States  district  attorney,  cleared  the  vessel 
under  the  command  of  Captain  Benjamin 
Turner.  The  shippers  of  the  cargo  took  their 
bills  of  lading,  and  the  agent  of  the  charterers 
took  his  bill  of  exchange  for  the  disbursements 
of  the  vessel ;  thus  all  parties  interested  recog- 
nized the  captain  in  his  official  capacity.  Not- 
withstanding all  this  the  vessel  was  attached 
on  several  different  occasions  at  the  suit  of 
York  and  Barker  himself,  the  latter  having 
made  a  claim  of  $1,000  against  the  owners  as 
his  fees  as  counsel  for  Captain  York.  He  also 
instituted  a  suit  against  Mr.  Chilton  for  $10,000 
damages.  In  spite  of  all  these  annoyous  ob- 
structions, Mr.  Chilton  succeeded,  with  great 
exertion,  and  after  incurring  considerable  ex- 
pense, in  getting  the  vessel  to  sea,  on  the  28th 
April,  in  command  of  Captain  Turner,  along 
with  the  whole  crew  of  the  vessel,  not  one  of 
whom  had  deserted  the  vessel,  and  who,  so  far 
as  I  could  learn,  under  trying  circumstances 
discharged  their  duties  with  punctuality  and 
fidelity. 

Immediately  on  the  departure  of  the  vessel, 
Mr.  Barker,  who  seemed  to  have  felt  mortified 
and  chagrined  at  the  result,  and  to  have  made 
a  personal  matter  of  his  client's  case,  resorted  to 
the  most  extraordinary  proceedings  for  the 
purpose  of  harassing  myself  and  Mr.  Chilton. 

Under  cover  of  an  anonymous  publication, 
professing  to  give  a  report  of  proceedings, 
which  he  (Barker)  avows  or  disavows  at  his 
pleasure,  he  has  perverted  the  facts,  and  in- 
troduced statements  as  correct  reports  of  his 
speeches  which  he  never  uttered  in  court,  mis- 
represented and  falsified  the  conversation  with 
myself,  and  indeed  has  distorted  the  whole  facts 
of  the  case  in  a  manner  which  has  astounded 
me.  I  am  at  a  loss  to  conceive  what  object 
he  can  have  in  view  in  thus  continuing  to  in- 
vent facts  and  publish  calumnies.  His  male- 
volence in  this  respect  has  become  more  con- 
spicuous since  the  receipt  of  a  letter  from 
Messrs.  Holderness  &  Chilton,  addressed  to 
me,  transmitting  an  especial  power  of  attorney 
by  Mr.  Thomas  Hunter  Holderness  in  favor  of 
Mr.  R,  H.  Chilton,  of  which  letter  the  following 
is  a  copy.  This  letter  having  been  written  by 
the  father  of  defendant  was  ruled  out  and  not 
read  to  the  jury. 


It  appears  that  Mr.  Chilton,  when  he  was 
apprised  of  the  irregularities  and  misconduct 
of  Captain  York,  had  written  to  the  owner,  re- 
questing that  a  special  power  of  attorney  should 
be  transmitted  to  him. 

Mr.  Barker,  however,  is  pleased  to  say  that 
the  full  recognition  of  Mr.  Chilton  and  of  the 
act  done  by  him  in  consenting  to  the  super 
seding  of  Captain  York,  was  obtained  at  my 
request,  and  upon  ex  parte  statement  furnished 
by  me,  although  I  did  not  write  them  at  all 
until  the  3d  May,  and  therefore  my  letter  could 
not  possibly  have  reached  them  for  a  fortnight 
afterwards.  This  allegation  of  Mr.  Barker  is 
in  accordance  with  many  others  of  a  similar 
nature  and  requires  no  comment. 

There  are  other  minor  points  and  statements 
made  and  alluded  to  by  Mr.  Barker,  upon  which 
I  forbear  troubling  your  lordship  with  com- 
ments. Indeed  I  regret  the  necessity  of  the 
present  lengthened  communication.  Had  his 
statements  been  confined  to  his  locality,  where 
he  is  so  well  known,  I  would  not  have  troubled 
myself  or  intruded  upon  your  lordship's  valu- 
able time  by  rebutting  them.  There  is  but  one 
opinion  among  the  British  or  American  mer- 
chants, many  of  whom  had  volunteered  to  ad- 
dress me  a  letter  for  the  purpuse  of  being 
transmitted  to  you,  but  I  deemed  this  unneces- 
sary, preferring  to  leave  to  your  lordship's 
judgment  the  plain  statement  of  facts  now 
made,  from  which  your  lordship  will  readily 
perceive  that  imperative  necessity  impelled  me 
to  the  course  I  pursued  for  the  protection  of 
the  British  merchants  and  the  preservation  of 
their  property. 

I  have  the  honor  to  be,  my  lord,  your  lord- 
ship's, &c, 

WM.  MURE. 
Right  Hon.  the  Earl  of  Aberdeen,  B.  G. 

I  hereby  certify  that  the  above  is  a  correct 
copy  of  my  dispatch  to  Lord  Aberdeen,  copied 
from  the  records  in  my  office. 

WM.  MURE, 
H.  B.  M.  consul. 
New  Orleans,  Marcli  1,  1851. 

The  consul  here  tells  Lord  Aberdeen  that 
he  has  been  "  recommended  by  Mr.  Packen- 
ham,  (the  British  minister  at  Washington,)  to 
furnish  your  lordship  with  a  detailed  statement 
of  the  circumstances  of  the  case." 

If  ever  there  was  a  position  imposing  on  a 
public  functionary  the  obligations  of  truth  and 
candor,  it  was  this. 

Reference  to  dates  throughout  this  case  is 
highly  important. 

Mr.  Mure,  by  giving  dates,  has  aided  me  in 
establishing  his  inaccuracies. 

On  the  trial  of  this  case  before  this  court  on 
the  6th  of  March,  1851,  Mr.  Mure  swore:  "I 


268 


LIFE  OF   JACOB   BARKER. 


proceeded  with  the  investigation  so  far  as  I 
could,  and  examined  the  log-book,  and  found 
that  the  log-book,  in  relation  to  the  charges 
brought,  had  been  erased  and  written  over 
again,  which  induced  me  to  discharge  the  com- 
plaint made  against  the  mate  as  unfounded.  I 
applied  to  Chilton,  and  told  him  it  was  ab- 
solutely necessary  the  captain  shonld  be  re- 
moved. Mr.  Chilton  concurred,  and  after  noti- 
fication of  the  fact  to  Captain  York,  he  was 
removed.  The  mate  was  appointed  tempo- 
rarily to  take  charge,  until  a  fit  captain  could 
be  procured ;  that  some  days  after,  York,  be- 
fore taking  counsel,  came  to  me,  and  begged 
to  be  placed  again  on  board ;  that  he  was 
sorry,  and  retracted  the  offensive  remarks  he 
had  made,  and  begged  to  be  allowed  another 
trial." 

Witness  said  he  had  no  objections,  provided 
Chilton  consented,  which  he  did,  and  York 
was  put  back  in  command.  This,  he  says  in 
his  testimony,  given  on  the  trial  of  this  case, 
was  after  the  appointment  of  Scott,  and  before 
the  plaintiff  consulted  counsel;  and  goes  on 
to  state  to  the  earl,  that  shortly  after  plaintiff 
began  his  acting  again,  displaced  his  second- 
mate,  and  threatened  to  turn  all  the  crew  off, 
and  said  he  would  not  have  one  of  them  on 
board.  Compare  this  with  Mr.  Mure's  letter 
to  Lord  Aberdeen,  where  he  speaks  of  York 
being  violent,  insolent,  impracticable,  resisting 
his  authority,  &c,  and  it  will  be  seen  that 
Mure  swore  at  random.  How  or  when  was 
he  put  back  in  command  ? 

His  recollection  was  again  totally  at  fault  in 
the  matter  of  the  log-book.  It  had  not  been 
erased  and  written  over,  nor  did  Mason,  in  his 
testimony,  sustain  the  allegation  of  the  consul, 
"That  what  he  had  written  on  the  log  was 
written  wh^n  he  was  in  fear  of  his  life,  or  that 
Captain  York  had  suborned  some  of  the 
sailors,  by  promising  them  grog,  to  swear 
against  Scott." 

That  the  log-book  had  not  been  erased  and 
written  over,  was  established  by  its  production 
in  the  recorder's  court,  as  well  as  by  the  testi- 
mony of  Mason;  and  Mr.  Mure  knew  this; 
he  stated  in  his  dispatch  to  Lord  Aberdeen 
that  it  had  been  written  on  a  slate  and  copied 
therefrom  into  the  log-book.  Mason  swore 
that  the  logs  were  not  made  up  at  the  time  of 
their  dates,  but  as  soon  thereafter  as  he  had 
time  or  leisure,  sometimes  a  day  or  two  after. 

The  defendant's  first  letter  to  plaintiff  was 
written  on  the  4th  of  April;  on  the  5th  he 
writes  to  him  that  the  consul  had  that  day 
placed  Mr.  Scott  upon  the  register  of  the 
Aldebaran,  &c,  as  master  of  said  barque. 

Mr.  Mure  tells  Lord  Aberdeen  that  on  the 
10th  of  April  the  defendaut  forwarded  to  him 
a  letter,  of  which  Captain  York  was  notified; 
and   Scott,   the   mate,   placed    in    temporary 


command,  furnished  the  earl  with  a  copy  of 
the  said  letter,  which  was  evidently  written 
long  after  the  occurrence,  got  up  and  ante- 
dated for  the  occasion,  as  was  the  bill  of 
parcels  for  the  chronometer;  had  it  been 
otherwise,  it  would  have  been  written  on  or 
before  the  4th  of  April,  when  he  attempted 
to  appoint  Scott,  and  notified  Chilton  thereof; 
it  is  therefore  evident  that  no  letter  was 
written  by  the  defendant  to  the  consul  on  the 
subject  until  the  consul  had  occasion  to  dis- 
play before  Lord  Aberdeen. 

Mr.  Mure,  in  his  dispatch  to  Lord  Aberdeen, 
says  that  "  Captain  York  at  first  succumbed  to 
his  displacement." 

1  will  ask  your  honor  whether  this  is  not 
contradicted  by  every  action  of  Captain  York, 
as  detailed  by  Mr.  Mure,  as  well  as  the  con- 
current testimony  of  all  the  witnesses  in 
relation  thereto. 

Again,  the  consul  says,  when  referring  to 
the  said  street  conversation,  which  he  says  was 
a  few  days  after  the  summons  of  the  3d  of 
April,  "  I  applied  to  the  agents  of  the  char- 
terers, Messrs.  Gordon,  Wylie  &  Co.,  who 
declined  to  interfere;  and.  upon  consulting 
again  with  Mr.  Chilton,  I  suggested  that  the 
only  course  left  was  to  resort  to  the  unusual 
step  of  superseding  Captain  York  in  the 
command." 

On  the  5th,  Chilton  tells  York  that  H.  B.  M. 
consul  had  that  day  placed  Mr.  Scott  upon  the 
register  of  the  Aldebaran  as  master  of  said 
barque. 

How  then  could  he  say  that  the  suggestion 
to  Chilton  to  remove  Captain  York  was  after 
the  refusal  to  Messrs.  Gordon,  Wylie  &  Co.  to 
interfere;  that  the  application  to  them  was 
after  said  street  conversation,  and  that  such 
conversation  was  a  few  days  subsequent  to  the 
3d  of  April,  and  to  his  application  to  Chilton. 

The  relation  of  the  day's  work  being  kept  on 
a  slate,  and  copied  into  the  log-book  on  the  fol- 
lowing day  by  Mason,  under  the  charge  from 
plaintiff  to  copy  it  at  the  peril  of  his  life,  word 
for  word,  as  it  was  written  on  the  slate,  was 
intended  to  make  his  lordship  believe  that  the 
keeping  work  on  a  slate  as  it  occurred,  and 
writing  it  into  the  log-book  the  next  day,  was 
a  fault,  and  that  it  had  been  there  falsely  re- 
corded. 

On  the  trial  of  this  case  on  the  15th  of  Jan- 
uary, 1855 — 


YORK   VERSUS   CHILTON. 


269 


Captain  Charles  A.  Berry  being  sworn  on 
the  part  of  the  plaintiff,  says  that  it  is  custom- 
ary for  the  officer  on  watch  to  keep  a  record 
of  what  occurs  for  the  four  hours  of  his  watch 
on  a  slate,  and  to  copy  it  into  the  logbook  as 
soon  as  he  had  leisure,  generally  on  the  follow- 
ing day.  Having  heard  the  testimony  of  Ed- 
ward Mason  read,  as  contained  in  the  record 
from  the  recorder's  office  of  the  third  munici- 
pality, says  : 

If  anj  mate  of  mine  refused  to  obey  my 
orders  at  sea,  I,  as  a  ship  master,  would  con- 
sider it  a  case  of  mutiny,  and  put  him  off  duty. 

It  was  admitted  that  Captain  Seth  Foster,  if 
put  upon  the  stand  would  corroborate  the 
statemeut  of  Captain  Berry. 

The  whole  story  of  the  apology  of  Captain 
York,  after  the  appointment  of  Scott,  which 
was  on  the  5th  of  April,  and  before  taking  ad- 
vice or  counsel,  which  it  is  in  proof  he  did  do 
as  early  as  the  13th  April,  or  sooner,  is  false. 

No  one  who  will  compare  this  with  the  state- 
ment of  Mure  in  relation  to  Captain  York's 
rebelling  against  his  authority  from  that  time 
forward,  day  by  day,  or  who  will  trace  the  pro- 
ceedings from  the  5th  to  the  13th  of  April,  can 
help  coming  to  the  conclusion  that  this  part 
of  Mure's  testimony  is  clear  fiction  or  the  effect 
of  a  distempered  imagination. 

If  it  had  been  erased  and  written  over  would 
he  not  have  said  so  in  his  letter  to  Lord  Aber- 
deen? 

Whether  the  complaint  was  unfounded  or 
not  depends  on  the  facts.  "What  were  they, 
as  recorded  and  sworn  to  by  Mason,  the  second 
mate,  the  enemy  of  York,  sworn  to  after  he  had 
embarked  bitterly  in  this  quarrel  ? 

The  first  great  fault  charged  against  Capt. 
York  was  his  having  caused  to  have  been 
written  in  the  log-book,  on  the  2Sth,  under 
date  of  the  27th,  what  happened  on  the  27th. 
The  practice,  on  further  examination  of  the 
witness  Mason,  turned  out  to  be  to  put  down 
the  work  as  it  occurred  on  the  slate,  and  to 
copy  into  the  log-book  as  soon  thereafter  as 
they  had  time,  sometimes  not  until  a  day  or 
two  after. 

The  pretended  error  in  the  entry  of  the  2d 
March  is  equally  ridiculous.  Scott  had  been 
off  duty  four  days,  and  was  endeavoring  to 
create  a  disturbance  among  the  crew,  when 
Captain  York  ordered  him  to  desist.  Scott's 
reply,  as  put  down  in  the  log-book,  was,  "that 
he  would  do  as  he  liked  for  the  master;"  when 


the  language  he  used  was,  "  that  he  should 
speak  to  whom  as  he  liked."' 

In  what  particular  he  considered  the  entry 
of  the  11th  of  March  untrue  does  not  appear, 
nor  was  it  material.  Scott,  being  off  duty  at 
the  time,  having  taken  his  clothes  on  shore, 
and  having  been  provided  or  recommended  to 
a  boarding  house  by  the  British  consul,  with 
advice  not  to  return  to  the  ship,  as  stated  by 
Mr.  Mure,  it  is  not  likely  that  he  had  any  in- 
tercourse with  Captain  York  on  the  subject  of 
consent,  and  Mason  being  of  his  party,  proba- 
bly considered  the  consul's  consent  as  warrant- 
ing him  ia  saying  that  the  entry  which  stated 
that  he  was  on  shore  without  consent  was 
untrue. 

When  Mr.  Mure  was  on  the  stand  as  a  wit- 
ness, on  the  28th  of  April,  18-47,  in  the  suit  for 
counsel  fee,  Mr.  Barker,  wishing  to  refute  the 
falsehood  which  had  been  circulated,  charging 
him  with  improper  conduct  in  this  business  of 
the  Aldebaran,  requested  him  to  explain,  when 
Mr.  Mure  testified  that  he  did  not  know  that 
the  plaintiff  appeared  iu  any  other  way  in  the 
matter  except  by  suits  and  litigation;  that 
in  the  last  conversation  he  had  with  the  plain- 
tiff, he  (plaintiff)  said  that  if  he  could  get 
witness  to  let  York  go  back  and  take  com- 
mand, he  should  be  gratified.  Captain  York 
was  not  taken  back;  and  when  a  witness  for 
the  defendant,  on  a  former  trial  in  this  case, 
being  cross-examined,  he  testified  that  "In  the 
first  interview  Mr.  Barker  manifested  a  dispo- 
sition to  have  the  matter  amicably  settled.  A 
few  days  after  the  correspondence  villi  Mr. 
Barker — it  might  have  been  four  or  five 
days — Mr.  Barker  called  upon  mo.  Captain 
York  was  constantly  transgressing  and  beg- 
ging for  mercy  until  this  suit  was  brought.  I 
did  not  allow  Captain  York  to  approach  me 
after  the  post  office  affair." 

What  becomes  of  Mr.  Mure's  statements 
about  Mr.  Barker's  conduct?  What  becomes 
of  his  declaration  that  York  had  been  rein- 
stated? What  interpretation  is  to  be  put  on 
his  letter  to  Captain  York  of  the  21st  of  April? 
Was  this  letter  a  designed  fraud  to  obtain  the 
apology  from  Captain  York?  If  so,  was  it 
not  bad  faith  to  Mr.  Barker,  as  well  as  to 
Captain  York? 

Mr.  Mure,  in  his  dispatch  to  Lord  Aberdeen, 
says:  "The  cause  came  on  for  trial  on  the  17th 


270 


LIFE   OP    JACOB   BARKER. 


of  April;  Mr.  Barker,  who  appeared  in  the 
recorder's  court,  induced  the  recorder,  who 
was  merely  a  committing  magistrate,  to  enter 
upon  irrelevant  examination  as  to  the  owner- 
ship of  the  barque  and  the  authority  of  the 
agent,  against  which  Mr.  Chilton,  at  the  re- 
quest of  his  counsel,  protested  and  withdrew." 

Let  this  statement  be  compared  with  the 
record  of  the  proceedings,  and  it  will  be  seen 
that  so  far  from  Chilton's  withdrawing;  on  the 
17th  under  protest,  he,  although  an  alien  and 
not  a  member  of  the  bar,  appeared  for  the 
State,  was  examined  as  a  witness,  employed 
counsel,  Mr.  Winthrop,  who  appeared;  Mr. 
Mure  also  appeared,  and  made  a  speech, 
insisting  that  he  had  the  same  authority  over 
ship-masters  as  he  had  over  seamen,  and  the 
cause  was  continued  until  the  18th,  to  give 
Chilton  an  opportunity  to  consult  counsel 
about  producing  authority;  not  having  such 
authority,  he  did  not  produce  it,  or  appear; 
the  cause  was  again  adjourned  to  the  19th,  to 
give  Chilton  an  opportunity  to  sustain  his  very, 
extraordinary  oath;  on  the  19th  he  appeared 
and  gave  for  reason  of  his  not  appearing  at  the 
first  adjourned  session,  that  he  was  negotiating 
a  compromise. 

This  is  very  different  from  withdrawing 
under  a  protest.  Mr.  Mure  was  also  much 
mistaken  as  to  the  recorder  being  only  a  com- 
mitting magistrate.  It  was  not  Mr.  Barker, 
but  the  total  want  of  evidence  in  support  of 
Chilton's  oath,  and  the  law,  and  the  evidence 
adduced  by  Mr.  Barker,  that  influenced  the 
decision  of  the  recorder. 

Mr.  Mure  stated  to  the  Earl  of  Aberdeen 
that  "  Mr.  Barker,  being  at  a  loss  what  step  to 
take,  recommended  Mr.  York  to  muster  a 
sufficient  number  of  men,  and  take  the  vessel 
by  force.  On  the  following  day,  April  15, 
Captain  York,  with  some  eight  or  ten  indi- 
viduals, forcibly  entered  the  cabin  of  the 
vessel,  and  intimated  his  intention  of  retaining 
possession  by  force,  and  turning  the  whole 
crew  adrift." 

When  the  consul  was  on  the  stand  as  a 
witness,  he  said,  in  answer  to  an  inquiry  by 
what  authority  he  made  that  statement,  that 
Captain  York  said  that  he  was  acting  by 
advice  of  Mr.  Barker;  that  he  believed  it 
because  Mr.  Barker  had,  in  an  interview  at 
the  consul's  office,  when  negotiating  a  com- 


promise, stated  that  Captain  York's  legal 
rights  were  to  eject  by  force  any  interference 
which  might  be  attempted  with  his  command. 
Being  asked  when  the  interview  took  place 
with  Mr.  Barker,  he  said  some  days  after  his 
correspondence  commenced;  it  might  have 
been  eight  or  ten  days — certainly  three  or 
four  days.  The  complaint  to  the  recorder 
against  Captain  York  had  no  foundation.  Mr. 
Barker's  correspondence  commenced  on  the 
14th,  and  the  oath  of  Chilton  was  on  the  very 
next  day.  Mr.  Barker,  in  his  first  letter, 
dated  the  14th  of  April,  said: 

"  The  friendly  relations  which  have  always 
subsisted  between  us  induce  me  to  notify  you 
of  Captain  York's  determination  to  apply  to 
the  courts  of  the  United  States  to  restrain  all 
interference  with  his  authority  as  master  of 
said  vessel,"  &c  The  advice  given  Captain 
York  by  Mr.  Barker  the  preceding  evening,  as 
sworn  to  by  two  witnesses,  Thomas  Fisher  and 
Thomas  Hill,  was  in  accordance  therewith, 
and  directly  the  reverse  of  this  allegation, 
made  by  Mr.  Mure;  no  intimation  of  such  an 
occurrence  was  given  by  Mr.  Chilton  in  hia 
testimony,  or  Mr.  Winthrop,  his  counsel,  nor 
Mr.  Mure,  in  their  speeches  before  the  recorder, 
nor  did  any  of  their  witnesses  confirm  this 
statement. 

Mr.  Mure  stated,  on  one  examination  before 
this  court,  that  Mr.  Barker  called  at  his  office 
soon  after  this  correspondence  commenced, 
and  appeared  anxious  to  effect  a  settlement ; 
and  at  another  examination  he  stated  he  had 
been  there  four  or  five  times;  expressed  his 
great  desire  to  have  Capt.  York  reinstated,  and 
not  a  word  anywhere  of  any  disagreement  be- 
tween them  at  that  time,  or  of  any  complaint 
by  Mr.  Mure  of  Capt.  York  having  acted  in 
bad  faith.  If  Capt.  York  had  made  any  such 
statement,  on  the  day  referred  to,  would  not 
Mr.  Mure  have  been  likely  to  have  mentioned 
it  to  Mr.  Barker,  there  being  no  possible  object 
for  concealment?  Mr.  Barker  therefore  con- 
cludes that  if  Capt.  York  held  any  such  con- 
versations it  was  on  some  subsequent  day, 
which  Mr.  Mure  counfounded  with  this  occur- 
rence, as  it  has  been  shown  that  he  was  not  par- 
ticular to  make  his  dates  square  with  the  facts. 

Had  Capt.  York  forcibly  retained  possess-ion, 
it  would  have  been  a  mere  exercise  of  his  legal 
rights,  not  a  breach  of  the  peace.  He  never 
made  any  such  demonstration. 

Had  it  been  true  that  Captain  York,  with 
eight  or  ten  individuals,  forcibly  entered  the 
cabin  of  the  vessel,  and  intimated  his  intention 
of  retaining  possession  by  force,  and  turning 
the  whole  crew  adrift,  would  not  Chilton  or 
Mason  have  related  it  when  under  examination 
as  witnesses  before  the  recorder?  Would  not 
the  consul  have  referred  to  it  in.  his  speech 
before  the  recorder? 


YORK   VERSUS   CHILTON. 


271 


Mr.  Mure  represented  to  the  Earl  of  Aber- 
deen that  Mr.  Barker  recommended  the  de- 
fendant to  take  forcible  possession  of  the  barque, 
when  he  had  a  letter  from  him  the  preceeding 
evening  at  direct  variance,  confirmed  by  the 
testimony  of  Captain  White,  Fisher  and  Hill, 
with  whose  testimony  Mr.  Mure  was  familiar, 
when  he  thus  wrote  to  Lord  Aberdeen,  on  the 
alleged  authority  of  a  man  whom  he  had  pro- 
nounced to  be  totally  unworthy  of  belief, 
and  this,  too,  without  remonstrating  or  asking 
any  explanation  of  Mr.  Barker,  although  car- 
rying on  a  friendly  negotiation  with  him. 

"  Permit  led  to  return,"  says  Mr.  Mure.  How 
or  when?  He  could  not  have  meant  permitted 
by  his  letter  of  the  21st  April,  as  he  states  it 
was  before  taking  advice  of  counsel,  which  he 
did  on  or  before  the  13th  of  same  month. 
Counsel  was  at  the  time  employed  at  his  in- 
stance and  request,  drawing  a  petition  to  dis- 
place Captain  York  from  the  command  of  the 
Aldebaran,  falsely  stating,  among  other  things, 
as  a  principle  cause,  that  Messrs.  Gordon, 
Wylie  &  Co,  merchants  of  this  city,  are  now 
loading  the  said  barque,  and  have  notified  the 
agent  of  libellant  that  they  will  protest  against 
her  as  unseaworthy  in  case  the  said  York 
should  proceed  in  her  to  sea,  as  captain  or 
commander.  Although  Mr.  Gordon  had,  on 
the  same  day,  written  him  a  letter  as  follows: 

New  Orleans,  April  21,  1845. 

Dear  Sir:  Captain  York,  of  the  British 
barque  Aldebaran,  has  promised  not  to  ship 
any  mate  who  shall  not  be  approved  by  us, 
which  is  all  we  can  reasonably  ask. 

Dear  sir,  yours  truly, 

GORDON,  WYLIE  &  CO. 

Wm.  Mure,  esq. 

On  the  trial  of  the  rule  in  relation  to  this 
libel,  Mr.  Gordon  testified  that  he  had  not  given 
any  such  notice.  Mr.  Mure,  on  the  trial  of 
this  cause,  stated  that  he  had  received  the 
aforesaid  letter;  that  he  had  mislaid  it,  had 
looked  for,  and  could  not  find  it.  On  the 
morning  of  the  21st,  Chilton  swears  to  the  pe- 
tition, which  stated  that  it  was  at  the  instance 
and  request  of  Mr.  Mure,  thus  co-operating 
with  him  as  an  ally  or  leader  in  the  controversy, 
which  he  continued  to  the  end.  These  very 
proceedings,  he  informed  Mr.  Moore,  were  about 
commencing  when  he  sent  the  message  to  Mr. 
Barker  that  he  was  very  sorry,  and  would  en- 
deavor to  dissuade  Chilton  therefrom  ;  and  he 
says,  in  his  dispatch  to  Lord  Aberdeen,  that  he 
had  no  hesitation  in  giving  his  sanction  to 
these  proceedings.  I  would  ask  your  honor  if 
such  complete  proof  of  faithlessness  was  ever 
before  brought  before  a  court  of  law? 

Let  it  be  remembered  that  the  cause  in  the 


recorder's  court  was  decided  on  the  19th  April. 
The  letter  of  Mure  to  Captain  York,  detailing 
the  terms  recognizing  him  in  command,  with 
permission  to  discharge  Scott,  was  written  on 
the  21st  of  April ;  that  he  declared  on  that 
evening,  at  the  Commercial  Exchange,  to  Mr. 
Moore  and  Mr.  Robinson,  that  the  dispute  was 
all  settled,  and  that  he  had  washed  his  hands 
clear  of  it,  on  this  side  the  Atlantic. 

On  the  trial  of  the  cause,  on  the  19th  inst., 
Mr.  Mure,  a  witness  on  the  part  of  the  defen- 
dant, testified  as  follows  :  "  In  the  conversation 
which  I  had  with  Moore,  my  remarks  were  to 
this  effect:  that  the  proceedings  were  now  in 
the  United  States  court,  and  that  I  now  washed 
my  hands  of  the  matter,  on  this  side  the  water. 
I  had  conversations  with  Mr.  Moore  and  with 
Mr.  Robinson  several  times;  the  first  conversa- 
tion was  before  the  libel  suit  was  instituted, 
but  after  the  suit  had  been  recommended  by 
Mr.  Winthrop." 

For  the  first  time,  we  are  now  told  that  he 
excepted  the  libel  in  his  disclaimer,  and  in  the 
message  he  sent  to  Mr.  Barker,  on  the  evening 
of  the  2lst.  His  letter  of  that  date,  in  effect, 
contradicted  this,  and  the  testimony  of  Mr. 
Robinson  and  of  Mr.  Moore  is  indirect  contra- 
diction of  what  he  says,  as  much  as  Mr.  Gor- 
don's was  of  the  false  declaration  put  forth  on 
the  same  day,  in  the  petition  for  the  libel. 
How  could  the  jury  give  credence  to  such  a 
witness  ? 

Mr.  Mure,  on  the  trial,  perceiving  the  force 
of  the  testimony,  attempts  to  escape  from  the 
odium  thereof  by  saying  that  he  excepted,  in 
his  declarations  to  Messrs.  Moore  and  Robinson, 
the  libel  suit  which  was  then  preparing.  Had 
Mr.  Mure  made  that  exception  or  reservation, 
would  it  not  have  been  equally  a  violation  of 
the  terms  of  his  letter  written  to  Captain  York 
that  very  afternoon?  What  sincerity  could 
there  have  been  in  consenting  to  York's  dis- 
charging Scott,  if  the  ship  was  to  be  taken 
from  him  the  very  next  morning,  at  the  request 
of  Mr.  Mure?  Therefore,  if  he  did  make  that 
exception,  it  could  not  relieve  him  from  bad 
faith.  However,  he  did  not,  nor  could  he  have 
made  that  exception ;  that  was  the  whole  ques- 
tion, and  nothing  else  to  settle,  and  it  would 
have  been  ridiculous  to  have  sent  any  such 
word  to  Mr.  Barker. 

Messrs.  Robinson  and  Moore  contradict  the 


272 


LIFE   OF   JACOB   BARKER. 


statement.  Mr.  Moore  testified  as  follows: 
Michael  Moore,  being  duly  sworn  on  the  part 
of  the  plaintiff,  says,  "that  on  the  evening  of 
the  21st  of  April,  1845,  he  met  Mr.  William 
Mure  at  the  reading-room  of  the  Merchants' 
Exchange,  who  inquired  where  Mr.  Barker 
was  likely  to  be  found,  when  I  said  that  he 
was  no  doubt  at  his  house  at  that  time.  Mr, 
Mure  requested  me  to  say  to  Mr.  Barker,  that 
he  believed  Mr.  Chilton  was  about  to  take  fur- 
ther proceedings  in  the  Aldebaran  case;  but 
as  far  as  he  was  concerned,  on  this  side  the 
water,  he  washed  his  hands  of  it,  and  would 
persuade  Mr.  Chilton  to  do  so  likewise.  The 
above  may  not  be  the  exact  words  used  by  Mr. 
Mure,  but  they  are  as  near  as  I  can  recollect 
now,  and  I  feel  certain  they  contain  the  spirit 
of  his  remarks.1' 

Mr.  John  0.  Robinson  testified  that  he  met 
Mr.  Mure  at  the  Merchants'  Exchange,  on  the 
evening  of  the  21st  of  April,  when  he  observed 
that  the  difficulties  in  relation  to  the  Aldebaran 
had  been  settled,  and  that  he  washed  his  hands 
clear  of  the  subject  on  this  side  the  Atlantic. 

Mr.  Robinson's  recollection,  as  to  time,  was 
not  precise,  but  Mr.  Mure's  last  testimony  es- 
tablished the  fact  of  its  being  on  the  21st.  "It 
was,"  said  he,  "  after  Mr.  Winthrop  advised  the 
libel  and  before  it  was  filed." 

Mr.  Mure,  in  his  dispatch  to  the  Earl  of 
Aberdeen,  says: 

"  Your  lordship  will  see  in  the  sequel,  that 
Mr.  Barker  had  determined  that  his  client,  Mr. 
York,  should  violate  the  very  essence  of  the 
arrangement  upon  which  he  was  permitted  to 
re-assume  the  command  which  his  conduct  had 
so  shamefully  forfeited." 

Mr.  Mure  wrote  thus,  when  Mr.  Barker  had, 
from  the  first,  advised  Captain  York  not  to  un- 
dertake to  maintain  his  power  by  force  ;  to  rely 
on  the  courts  of  the  United  States  to  protect 
him  in  his  rights;  negotiated  the  terms  of  the 
settlement  between  Mure  and  Chilton,  one  con- 
dition of  which  was,  that  York  should  satis- 
factorily apologize  to  Mure,  which  he  did  do, 
and  which  Mr.  Barker  prepared  and  delivered 
in  good  faith,  and  which  apology  Mure  says,  in 
his  letter  to  Lord  Aberdeen,  Barker  wrote ; 
observe  that  while  Mr.  Mure  was  writing  the 
acceptance  of  the  apology,  the  recognition  of 
Captain  York  being  in  command  and  the  per- 
mission to  discharge  the  mate,  their  counsel, 


Mr.  Winthrop,  was,  at  the  request  of  the  con- 
sul, drawing  the  petition  to  turn  him  out. 

Mr.  Barker,  under  such  circumstances,  could 
not  help  considering  such  a  faithless  violation 
of  every  obligation  held  sacred  by  honorable 
men,  as  doing  him  a  personal  wrong;  but  he 
was  neither  mortified  nor  chagrined,  he  did  not 
consider  faithlessness  a  victory  obtained  in  a 
battle  of  wits — a  fool  may  put  a  torch  to  the 
house  of  a  man  of  talents  and  destroy  his  whole 
family  when  sleeping. 

Mr.  Mure  tells  Captain  York,  in  his  letter  of 
the  21st:  "I  do  not  permit  my  private  feelings 
to  influence  my  public  duties."  This  he  also 
detailed  in  his  dispatch  to  Lord  Aberdeen. 

Why  this  disclaimer?  Why  grant,  on  the 
receipt  of  the  apology,  permission  to  discharge 
the  mate,  which  had  been  the  whole  bone  of 
contention?  Why  recognize  Captain  York  in 
command?'  This  permission  and  this  recogni- 
tion were  conceived  in  sin  and  brought  forth 
in  iniquity,  or  were  basely  violated  the  moment 
of  their  inception,  established  beyond  the  pos- 
sibility of  a  doubt,  by  the  most  conclusive  tes- 
timony ever  produced  in  a  court  of  law.  Did 
he  not  pursue  him  with  "a  step  as  steady  as 
time,  and  an  appetite  as  keen  as  death,"  from 
the  hour  that  Captain  York  defied  his  authority, 
to  the  end;  and  yet,  he  wishes  it  believed  that 
he  did  not  allow  his  private  freelings  to  inter- 
fere with  his  public  duties.  What  was  the 
course  of  Mr.  Barker?  Did  he  not,  on  the  ap- 
plication of  Captain  York  for  his  professional 
services,  politely  notify  Mr.  Mure?  Did  not 
that  gentleman  reply  that  he  was  acting  with 
the  "sanction  of  the  accredited  agent  of  the 
owners?"  Did  not  Mr.  Barker  say:  "Let  the 
authority  from  the  owner  to  any  other  agent 
than  Captain  York  be  exhibited,  and  it  will  end 
the  whole  matter?"  In  place  of  presenting  such 
an  authority,  was  not  a  most  abusive  course 
pursued  towards  Mr.  Barker,  as  well  as  to  Cap- 
tain York,  notwithstanding  which  did  not  Mr. 
Barker  continue  his  exertions  to  bring  about  a 
compromise?  Did  he  not  advise  Captain  York 
that  he  had  no  right  to  turn  the  mate  on  shore, 
without  the  consent  of  the  consul?  that  if  he 
did  so,  and  left  him  in  a  foreign  country,  he 
would  be  liable  to  be  putushed,  on  his  return  to 
England,  according  to  laws  referred  to  by  the 
consul;  but  that  this  would  not  give  the  con- 
sul any  authority  to  displace  him,  much  less 


YORK   VERSUS   CHILTON. 


273 


would  threatening  to  do  80  subject  him  to  pun- 
ishment or  give  authority  to  the  consul;  yet, 
that  he  ought  to  apologize  for  having  threat- 
ened to  do  so. 

I  cautioned  the  gentlemen  agaiustintroducing 
this  letter.  They  would  not  heed  the  admoni- 
tion, and  now  have  to  take  the  consequences. 
The  public  eye  is  scrutinizing  these  men. 
Mr.  Mure,  in  his  letter  to  Lord  Aberdeen,  says  : 
Accordingly,  on  the  10th  April,  Mr.  R.  H. 
Chilton  forwarded  me  a  letter  to  the  Earl,  of 
which  he  sends  a  copy,  (see  page  265,)  saying 
that  •"Captain  York  was  notified  of  this  by  Mr. 
Chilton,  and  that  Mr.  Scott,  the  mate,  was  placed 
in  temporary  command.'' 

Mr.  Chilton  informed  Captain  York,  on  the  5th 
of  April,  that  Scott's  name  had  that  day  been 
placed  on  the  register  as  master  of  the  barque. 
How  could  Mr.  Mure  say  that  these  transac- 
:  were  subsequent  to  the  10th  of  April, 
when  he  knew  them  to  be  prior. 

The  letter  of  the  10th  was  written  for  the 
occasion,  and  ante-dated  for  the  purpose  of 
making  up  a  plausible  story  with  which  to  de- 
ceive Lord  Aberdeen. 

The  allegation  that  Captain  York  was  noti- 
fied of  its  contents  is  false. 

The  selection  of  Scott  was  not  intended  to 
be  temporary  :  if  it  had  been,  why  put  his  name 
on  the  barque's  register.  That  was  not  neces- 
sary until  the  ship  was  loaded  and  ready  to 
clear  at  the  custom-house.  The  appointment 
of  Turner  to  the  command  was  not  until  the 
consul  was  forced  to  believe  in  the  un worthi- 
ness of  Scott. 

The  allegation  that  Scott  was  appointed 
temporarily  to  the  command  of  the  Aldebaran 
is  false. 

This    letter   was    not   received  on  the  10th 

April, it  was  not  written  until  long  after  that  date. 

When  this  was  brought  to  the  view  of  the 

jury,  the  defendant  said  it  was  a  clerical  error. 

Another  falsehood. 

The  consul  says  that  when  he  informed  Cap- 
tain York  at  the  consul's  office  that  he  would 
not  grant  permission  to  discharge  Scott,  which 
permission  had  been  applied  for  by  York,  "that 
his  charge  was  frivolous  and  unfounded,  that 
the  captain  became  extremely  violent  and 
abusive  in  his  language ;  he  threatened  to  force 
the  mate  on  shore,  at  the  peril  of  his  life, 
whether  I  agreed  or  not;  and,  with  oath  and 

18 


most  indecorous  language,  told  me  that  if  I  was 
consul,  he  would  show  me  he  was  captain  of 
the  ship."  He  further  says:  "On  the  26th  of 
March.  I  notified  the  captain  to  attend  at  the 
consulate  office — to  this,  however,  he  paid  no 
attention/' 

"I  again  notified  the  captain,  on  the  3d 
April,  to  attend  at  the  consulate  office.  To 
this  summons  Captain  York  again  paid  no  at- 
tention; but,  meeting  me  accidentally,  a  few 
days  afterwards,  in  the  streets,  attacked  me 
with  the  most  opprobrious  epithets,  and  em- 
ployed the  most  insulting  language."  Thus  in 
his  testimony  he  calls  the  post-office  affair. 

On  the  3d  of  April,  two  suits  were  com- 
menced against  Captain  York  by  Mason  in 
Judge  Blight's  court. 

The  statement  that  Mr.  Barker  was  at  a  loss 
what  steps  to  take  is  false.  He  had  notified 
Mr.  Mure  what  steps  would  be  taken.  The 
statement  that  he  recommended  Mr.  York  to 
muster  a  sufficient  number  of  men  and  take 
possession  of  the  vessel  by  force  is  false. 

The  statement  that  Mr.  Barker  misrepre- 
sented aud  falsified  conversations  with  him  is 
false. 

The  statement  that  Mr.  Barker  avowed  and 
disavowed  at  pleasure  certain  publications  is 
false.  The  only  thing  which  he  ever  disavowed 
was  a  street  report,  which  made  him  say,  the 
false  aud  fraudulent  order  drawn  up  by  the 
defendant's  counsel,  aud  signed  by  the  clerk  of 
the  United  States  court,  was  a  forgery.  For 
this  he  was  called  to  an  account,  and  promptly 
denied  ever  having  so  characterized  the  paper, 
telling  the  gentlemen  that  he  had  pronounced 
it  false  and  fraudulent.  Which  he  should  con- 
tinue to  do  and  which  he  has  always  done,  in 
and  out  of  court,  in  the  public  papers  and  in 
private  correspondence. 

A  gentleman  reported  for  the  newspapers 
the  speech  made  by  Mr.  Barker  in  the  United 
States  court,  which  not  suiting  the  taste  of  the 
consul,  he  demanded  of  Mr.  Barker  an  expla- 
nation, who  replied  that  he  was  not  answerable 
for  the  errors  of  reporters — that  he  could  not 
undertake  to  say  how  far  this  speech  had  been 
correctly  reported — that  if  he  had  not  said 
what  had  been  reported,  he  ought  to  have  done 
so,  and  held  himself  answerable  therefore. 
This  the  consul  fa'  -!y  calls  avowing  and  dis- 
avowing at  pleasure. 


274 


LIFE    OF   JACOB    BARKER. 


The  consul  testified  on  the  trial  of  this  case, 
that  he  had  acted  according-  to  the  laws  of  En- 
gland. This  was  false.  None  uf  her  laws 
sanction  the  conduct  of  which  we  complain. 
No  such  law  has  been  given  in  evidence  or 
referred  to.  The  law  on  which  the  consul  re- 
lied and  referred  to  in  his  letter  to  Mr.  Barker 
is  in  evidence,  and  not  a  word  to  that  effect  is 
to  be  found  therein.  Had  Captain  York  de- 
parted, leading  his  mate  on  shore,  without  the 
consent  of  the  consul,  he  would,  by  those  laws, 
have  incurred  heavy  penalties — but  not  by 
threatening  to  do  so.  Incurring  these  penal- 
ties in  nowise  would  have  authorized  the  con- 
duct of  the  consul. 

His  testimony  when  he  swore  that  the  log- 
book had  been  erased  and  written  over  was 
false. 

His  testimony  that  Thomas  Hunter  Holder- 
ness  resided  at  Hull  was  false. 

The  statement  that  there  was  but  one  opinion 
among  the  British  and  American  merchants, 
meaning  that  it  was  in  his  favor,  was  false. 
The  verdict  in  question  dues  not  sustain  the 
consul's  declaration. 

The  statement  that  York  was  reinstated  in 
command,  after  the  appointment  of  Scott  and 
before  seeking  counsel,  is  false. 

The  consul  tells  Lord  Aberdeen  that  this 
suit  was  among  the  difficulties  which  defendant 
had  to  encounter  in  dispatching  the  Aldebaran, 
which  was  false.  It  was  not  instituted  until  nine 
days  after  her  departure. 

The  consul  testified  on  the  trial  that  four  out 
of  six  of  the  crew  were  so  drunk  when  they 
came  to  his  office  as  to  disqualify  them  from 
being  witnesses  in  a  court  of  justice,  yet  he 
tells  Lord  Aberdeen  that  they  had  all  discharged 
their  duties  with  punctuality  and  fidelity.  This 
is  the  first  time  I  ever  heard  of  an  employee 
getting  drunk  in  the  service  of  his  employer 
was  discharging  his  duties  with  punctuality 
and  fidelity. 

The  statement  that  Mr.  Barker  resorted  to 
extraordinary  proceedings  for  the  purpose  of 
harrassing  the  consul  and  the  defendant  is 
false. 

The  statement  that  Mr.  Barker  continued  to 
invent  facts  and  publish  calumnies  is  false. 

The  statement  that  the  vessel  had  been  at- 
tached on  several  occasions,  at  the  suit  of  York 
and  Barker  himself,  is  false;  she   never  was 


attached  by  York,  and  only  once  by  Barker,  in 
which  York  had  no  hand. 

The  statement  that  the  charge  against  Scott 
was  unfounded  was  false. 

The  consul  tells  Lord  Aberdeen  that,  by  the 
arrangement,  he  only  intended  that  Captain 
York  should  be  reinstated  to  the  nominal 
command.  Was  not  this  treachery?  Was  not 
this  deception?  Was  not  this  a  fraud  on  Mr. 
Barker,  who  induced  Captain  York  to  make 
the  apology,  as  well  as  on  the  plaintiff?  I 
would  ask  your  honor  whether  the  consul's 
agreeing  to  reinstate  Captain  York  (see  Mr. 
Mure's  letter  of  the  21st  April)  was  for  the 
purpose  of  "preserving  the  property  of  the 
owners — to  prevent  the  forfeiture  of  the  in- 
surance?'' this  being  his  justification  for  the 
attempt  to  remove  him.  What  does  the  consul 
mean  by  nominal  command?  Was  it  that  he 
was  to  be  sent  home  a  prisoner  in  the  keeping 
of  the  rebellious  crew,  and  Captain  Turner,  the 
actual  commander,  to  be  denominated  mate  to 
deceive  Captain  York  ? 

Chilton,  in  his  application  for  a  commission, 
states  that  Thomas  Hunter  Holderness  is  of 
Liverpool ;  the  alleged  copy  of  the  register  and 
power  introduced  on  the  part  of  defendant  both 
represent  him  to  be  of  Liverpool.  Mr.  Peter 
Maxwell  testified  that  he  was  of  Liverpool; 
the  consul  testified  that  he  was  of  Hull.  Was 
this  from  ignorance,  or  to  aid  in  the  deception 
heretofore  so  successfully  practised  as  to  the 
ownership  of  the  vessel  ? 

No  questions  asked  of  the  witness  before  the 
recorder  as  to  the  plaintiff's  attempts  to  suborn 
the  sailors  to  swear  against  Scott.  If  it  had 
been  true,  as  stated  by  the  consul  in  his  letter 
to  Lord  Aberdeen,  it  should  have  been  proven 
in  that  trial  when  the  witnesses  were  in  court, 
and  the  plaintiff  could  have  had  an  opportu- 
tunity  of  interrogating  them. 

The  accredited  agent  of  the  owner,  says  the 
consul,  recognized  such  by  York  ;  this  was 
untrue,  excepting  that  he  was  recognized  as 
the  agent  duly  authorized  to  assist  in  the  pur- 
chase of  an  old  flat-boat. 

The  consul  tells  Lord  Aberdeen  that  Mr. 
Barker  and  Captain  York  were  constantly  beg- 
ging for  mercy.  Can  any  one,  after  hearing 
his  details  of  Captain  York's  conduct,  believe 
in  the  truth  of  this  assertion  as  relates  to  him  ? 
And  as  to  Mr.  Barker,  he  admits  that  he  ex- 


YORK   VERSUS   CHILTON. 


275 


hausted  every  argument  in  Lis  power  to  pro- 
duce a  reconciliation.  To  call  it  begging  for 
mercy  is  a  very  unwind  interpretation. 

The  consul  tells  the  Earl  of  Aberdeen  that 
Mr.  Barker  informed  him  that  Captain  York 
would  apply  to  the  courts  of  the  United  States 
to  reinstate  him  in  the  command  of  the  Alde- 
baran.  So  far  from  this  being  true,  Mr.  Bar- 
kers letter  to  the  consul  says  :  "As  to  having 
been  superseded,  he  does  not  admit  that  he  has 
been  or  can  be  superseded  in  the  conimand  of 
the  Aldebarou  by  any  other  authority  than  that 
from  which  he  derived  his  command." 

The  defendant  published  over  his  signature, 
on  the  18th  April,  1845,  that  "  it  was  wholly 
untrue  that  the  consul  cited  any  authority  to 
show  the  capacity  in  which  he  acted,  or  the 
power  with  which  he  was  clothed." 

The  consul,  in  his  first  letter  to  Mr.  Barker, 
referred  to  4(3  and  47  sections  of  the  naviga- 
tion act,  7th  andSth  Vict.,  chap.  112. 

The  consul  tells  Lord  Aberdeen  that,  a  few 
days  after  the  3d  of  April,  Captain  York  met 
him  accidentally  in  the  street,  and  attacked 
him  with  the  most  opprobrious  epithets;  that 
he  then  applied  to  Messrs.  Gordon,  Wylie  & 
Co.,  who,  your  honor  will  recollect,  were  the 
regular  consignees  of  the  ship ;  that  they  de- 
clined to  interfere ;  and  that,  on  the  10th  April, 
R.  H.  Chilton  forwarded  him  a  letter,  of  which 
he  inclosed  a  copy — Scott  having  been  placed 
on  the  register  as  master  on  the  5th — those 
few  days  dwindled  down  to  at  least  one . 

The  consul  tells  Lord  Aberdeen  that  Mr. 
Barker,  under  the  pretence  of  giving  a  report 
of  the  proceedings,  he  perverted  facts,  &c, 
when  the  proof  is  that  the  commanders  of 
British  vessels  in  port  made  a  subscription  to 
pay  the  expense  of  printing  the  legal  proceed- 
ings without  the  intervention  of  Mr.  Barker. 

More  faithless  conduct  has  never  been 
unveiled  to  the  view  of  any  court  than  was 
that  of  the  consul  and  defendant  in  this  pre- 
tended adjustment  of  the  difficulty. 

No  circumstance,  not  one  word  of  evidence, 
no  equivocal  proceeding,  has  been  produced 
on  any  of  the  trials,  which  indicate  on  the 
part  of  the  counsel  for  plaintiff  any  departure 
from  his  professional  duty.  On  the  contrary, 
from  the  commencement  to  the  libel  suit,  his 
whole  mind  was  devoted  to  an  amicable 
settlement. 


The  consul  tell3  the  Earl  of  Aberdeen  that 
the  malevolence  of  Mr.  Barker  surprised  him. 
I  would  ask  your  honor  if  the  evidence  does 
not  falsify  the  charge?  Was  it  to  be  found  in 
the  letters  of  Mr.  Barker  or  the  letters  of 
plaintiff  drafted  by  Mr.  Barker?  Was  it  to  be 
found  in  the  apology  of  Captain  York? 

The  consul  complains  to  the  Earl  of  Aber- 
deen that  Mr.  Barker  had  denounced  his  con 
duct  as  tyrannical,  &c;  did  not  the  testimony 
establish  the  truth  of  this  charge?  Mr.  Barker 
has  been,  from  infancy,  in  the  habit  of  calling 
things  by  their  right  names.  It  is  now  too 
late  in  life  for  him  to  change  the  practice. 

I  would  ask  your  honor  on  whom  the  testi- 
mony locates  the  malevolence. 

Mr.  Barker  insists  that  his  offence  consisted 
in  his  embarking  in  defence  of  an  oppressed 
prisoner,  in  a  strange  land,  without  money  to 
fee  lawyers,  and  his  fidelity  to  that  client  after 
he  had  embarked. 

The  consul  on  one  trial  testified  that  Mr. 
Barker  was  incessant  in  his  exertions  to  ter- 
minate the  difficulties.  On  another  trial  he 
said  Mr.  Barker  proposed  to  give  his  services 
gratuitously,  if  he  could  effect  that  object. 
Subsequently,  he  said  Mr.  Barker  did  not  talk 
of  giving  up  his  fee,  but  said  he  was  not  actu- 
ated by  his  fee. 

Mr.  Mure  tells  Lord  Aberdeen  that  the  con- 
sul's consent  to  the  proceedings  was  necessary 
to  give  them  validity;  such  consent  could  not 
give  them  validity  or  confer  jurisdiction  on  a 
court  of  the  United  States  ;  this,  however,  is  a 
point  of  law  about  which  there  may  be  a  dif- 
ference of  opinion,  therefore  I  should  not 
blame  Mr.  Mure  for  this  part  of  his  statement, 
if  that  had  been  all  he  had  done,  if  he  had 
otherwise  washed  his  hands  clear  of  the  whole 
affair  on  this  side  of  the  Atlantic,  although  he 
should  have  considered  well  that  matter  before 
making  the  promise  which  we  find  in  his  letter 
to  Capt.  York  of  21st  April,  before  making  the 
declaration  on  the  same  evening  to  John  G. 
Robinson,  esq.,  at  the  Commercial  Exchange, 
"that  the  whole  affair  was  settled,  and  that  he 
had  washed  his  hands  clear  of  it  on  this  side 
of  the  Atlantic,  before  he  sent  to  Mr.  Barker 
by  Michael  Moore,  esq.  On  the  same  evening 
a  similar  message,  adding  that  Mr.  Chilton  was 
about  taking  proceedings  for  which  he  was  very 


276 


LIFE    OF    JACOB    BARKER. 


sorry,  and  that  he  should  endeavor  to  dissuade 
him  therefrom. 

Mr.  Mure  did  not  tell  Lord  Aberdeen  that 
after  Chilton  had  taken  the  ship  forcibly  from 
the  officer  of  the  United  States  court,  and  after 
she,  by  order  of  that  court,  had  been  brought 
back  by  the  marshal,  who  sent  a  steamboat  and 
arrested  their  criminal  proceedings  ;  that  after 
this,  he  had,  accompanied  by  some  young  law- 
yers, visited  the  judge's  house  late  in  the  day 
to  get  an  order  to  send  off  the  ship;  failing  in 
this,  that  he  accompanied  the  said  lawyers  to 
the  clerk's  office  in  the  evening,  who  also  re- 
fused to  give  such  an  order,  on  which  an  alter- 
cation ensued.  The  clerk  became  excited,  and 
did  not  know  what  he  did,  when  one  of  the  ac- 
companying lawyers  drew  up  a  false  order,  to 
which  the  clerk's  signature  with  the  great  seal 
of  the  United  States  was  fixed. 

I  would  ask  if  such  interference  had  also  be- 
come necessary  to  give  jurisdiction  to  the  court, 
was  it  washing  the  consul's  hands  clear  of  the 
whole  affair  on  this  side  of  the  Atlantic? 

"At  the  instance  and  requesting"  are  very 
different  from  a  mere  consent  to  give  jurisdic- 
tion. 

Mr.  Mure  tells  Lord  Aberdeen  that  some 
English  and  American  merchants  had  tendered 
him  a  certificate,  I  suppose  of  good  conduct, 
which  he  demed  unnecessary.  How  self-re- 
lying !  It  is  to  be  regretted  that  the  consul  had 
not,  cap  in  hand,  courteously  accepted  their 
proffered  civility,  made  his  best  bow,  and  sent 
the  inestimable  document  to  Lord  Aberdeen. 
Had  he  done  so,  we  should  have  had  an  op- 
portunity of  unveiling  British  influence. 

I  have  been  greatly  aided  by  Britons,  and  on 
this  occasion  they  made  a  subscription  to  have 
the  proceedings  published.  British  merchants 
made  a  subscription  to  pay  Judge  Lacy  a  fee 
for  the  services  he  rendered  Captain  York  before 
the  United  States  court.  This  may  be  news  to 
Messrs.  Chilton  and  Mure.  These  contributors 
do  not  wish  to  be  known,  lest  they  should 
have  to  encounter  the  undying  hostility  which 
Mr.  Barker  has  had  to  encounter  for  his  fidelity 
to  his  client.  It  is  not  against  Englishmen,  be- 
cause they  are  English,  that  I  would  level  my 
batteries;  it  is  against  the  doctrine  that  our 
courts  are  to  be  influenced  in  their  decisions  by 
the  British  minister  of  foreign  affairs,  or  some 


other  political  minister  of  that  or  some  other 
country ;  it  is  the  presumption,  usurpation  and 
arrogance  of  their  officials,  with  which  I  war. 
I  did  say  to  the  jury,  when  it  was  attempted  to 
introduce  the  opinions  and  sayings  of  Lord 
Aberdeen  as  a  controlling  authority  for  the  de- 
cision of  this  court,  that  I  thanked  my  God 
that  the  stars  and  stripes  waved  over  this  hall, 
and  that  the  British  cross,  the  lion  and  the 
unicorn  are  not  the  emblems  of  this  court. 

Both  parties  in  this  case  are  English  ;  the 
witnesses  on  the  part  of  the  plaintiff  are  nearly 
all  English  or  Scotch.  Englishmen  are  among 
my  best  friends  ;  the  recorder's  court  was 
thronged  with  Englishmen,  who  sympathised 
with  Captain  York  ;  a  public  subscription  was 
made  by  the  masters  of  British  vessels  in  port 
to  pay  the  expenses  of  publishing  the  pro- 
ceedings. It  was  a  novel  assumption  of  Mr. 
Mure,  in  that  notorious  speech  he  made  on  the 
trial  before  the  recorder,  that  he  had  the  same 
power  over  the  captains  of  British  ships  that  he 
had  over  British  seamen,  which  aroused  ship- 
masters of  every  nation  against  him. 

Again,  Mr.  Mure  says,  in  his  dispatch  to  Lord 
Aberdeen  :  "Captain  York  at  first  succumbed 
to  his  displacement,  but  in  consequence  of  a 
morbid  sympathy,  created  among  a  few  of  the 
British  ship-masters,  some  of  whom  were  his 
convivial  companions,  he  was  induced  to  make 
application  to  several  lawyers  for  advice. 
None  of  them,  however,  of  any  respectability, 
would  interfere  in  the  matter,  but  unfortu- 
nately he  was  obliged  to  place  his  case  in  his 
hands  of  Mr.  Ja3ob  Barker,  who  has  rendered 
himself  notorious  on  former  occasions." 

Why  tell  this  to  the  British  government  ? 
They  knew  it  to  their  cost.  Mr.  Barker's  in- 
fluence and  advocacy  of  the  embargo  and  of 
the  non-importation  laws  were  well  known  and 
felt  by  them.  They  refused  even  to  negotiate 
for  peace  at  Ghent,  until  they  knew  the  fate  of 
the  American  loan,  which  had  been  advertised 
for;  the  British  party  in  America,  as  Mr. 
Gallatin  informed  Mr.  Madison,  in  his  dis- 
patches from  Ghent,  had  made  the  British 
ministry  believe  that  the  Washington  cabinet 
could  not  raise  money  enough  to  continue  the 
war,  or  even  to  commence  the  spring  campaign. 
At  this  juncture  Mr.  Barker  furnished  his 
government  with  large  sums,  and  during  the 
war  more  than  five  millions  of  dollars,  while 


YORK   VERSUS   CHILTON. 


277 


most  others  drew  tight  their  purse  strings  ;  thus 
blasting  British  hopes  and  idle  anticipations. 
The  administration  was  sustained,  and  an 
honorable  peace  was  the  result.  These  events, 
to  which  Mr.  Barker  owes  his  notoriety,  form 
a  part  of  our  country's  history.  "Morbid  sym- 
pathy created  among  a  few  of  the  British  ship- 
masters," said  Mr.  Mure  to  Lord  Aberdeen. 
Mr.  Chilton,  in  his  advertisement  in  the  Bul- 
letin, calls  those  gentlemen  a  crowd  of  ship- 
masters. I  believe  every  ship-master  in  port 
reprobated  the  conduct  of  Mure,  and  disputed 
the  authority  of  a  consul  to  remove  the  master 
of  a  ship.  These  highly  respectable  men, 
many  of  whom  were  witnesses  in  the  case 
before  the  recorder's  court,  came  in  for  a 
portion  of  the  odium  Mr.  Mure  has  been 
distributing  broadcast. 

Mr.  Barker  does  not  pretend  to  know  much 
law,  and  he  is  not  now,  nor  has  he  been  for  a 
long  time,  a  candidate  for  professional  busi- 
ness. It  is,  however,  strange  that  Mr.  Mure 
could  not  have  found  sufficiently  opprobrious 
epithets  to  apply  to  him  to  have  satisfied  his 
spleen,  without  slandering  the  whole  bar  of 
Louisiana.  He  should  have  remembered  that 
they  were  like  other  men,  having  an  eye  to 
their  own  interest,  and  if  York  had  had  money 
he  could  have  procured  the  aid  of  the  most 
respectable.  Suppose  the  fact  had  been  other- 
wise— it  would  have  been  an  indelible  stain 
on  the  whole  legal  profession  of  the  city.  He 
wa3  mistaken  in  thus  presuming  that  British 
influence  was  paramount  to  all  other  con- 
siderations. 

Captain  York  at  that  time  had  been  aided 
by  Judge  Lacy,  Z.  Latour,  esq.,  and  Mr. 
Barker;  since  which  he  has  been  aided  by 
Judge  Bullard,  the  Hon.  Pierre  Soule,  J.  W. 
Frost,  and  Horace  Gaither,  esquires. 

Again,  Mr.  Mure  tells  Lord  Aberdeen  that 
"CaptaiuYork  at  first  succumbed  to  his  dis- 
placement." This  is  falsified  by  his  own  and 
the  most  positive  testimony  of  others. 

York,  from  the  commencement  down  to  the 
apology  drawn  by  Mr.  Barker,  manifested  the 
most  positive  opposition.  Look  at  hi3  inter- 
view at  the  consul's  office,  when  the  complaint 
against  Scott  was  inquired  into;  look  at  hi3 
defiance  of  the  consul's  authority;  look  at  his 
refusal  to  appear  there  again;  look  at  his 
remarks  in  the  street  to  Mr.  Mure,  as  detailed  I 


by  himself;  look  at  the  manner  in  which  all 
the  measures  against  him  were  followed  up, 
day  by  day,  by  Chilton's  letters,  by  the  seizure 
of  his  chronometer,  by  his  arrest  and  impris- 
onment. What  authority,  then,  had  the  consul 
for  saying  that  Captain  York  at  first  suc- 
cumbed to  his  displacement? 

How  did  he  succumb?  Mr.  Mure  says  when 
he  notified  Captain  York  of  his  determination 
not  to  grant  the  solicited  permission  to  dis- 
charge Scott,  the  mate — 

"The  captain  became  extremely  violent  and 
abusive  in  his  language;  he  threatened  to 
force  the  mate  on  shore  at  the  peril  of  his  life, 
whether  I  agreed  or  not;  and,  with  oaths  and 
most  indecorous  language,  told  me  that  'if  I 
was  consul,  he  would  let  me  know  that  he  was 
captain  of  the  ship.' 

•'About  a  week  after,  I  found  the  captain 
was  not  only  intractable,  but  had  committed 
sundry  other  offences. 

"I  then  notified  the  captain  to  attend  at  the 
consulate  office,  and  give  an  account  of  his 
extraordinary  conduct.  To  this,  however,  he 
paid  no  attention. 

"I  again  notified  the  captain  on  the  3d  of 
April,  to  attend  at  the  consulate  and  produce 
his  log-book;  to  this  summons  Captain  York 
again  paid  no  attention;  but  meeting  me 
accidentally  a  few  days  afterwards,  in  the 
street,  he  attacked  me  with  the  most  oppro- 
brious epithets,  and  employed  the  most  insult- 
ing language,  after  which  I  did  not  allow  him 
to  approach  me." 

The  consul  says  he  was  passive  in  the  mat- 
ter.    I  ask,  was  he  passive? 

The  counsel  for  defendant  said  that  plaintiff 
and  defendant,  being  both  Englishmen,  should 
have  gone  to  England  and  had  their  contro- 
versy settled  there.  The  Supreme  Court  de- 
cided differently. 

The  Constitution  and  the  law  regulate  that 
matter.  Suppose  one  Englishman  rob  another, 
must  that  other  go  to  England  before  he  can 
prosecute  the  robber? 

The  case  of  Rev.  Alex.  Campbell,  the  Presi- 
dent of  Bethany  College,  Virginia,  vs.  Rev. 
James  Robinson,  was  decided  by  the  lords  of 
council  and  session,  in  favor  of  Mr.  Campbell, 
giving  him  two  thousand  pounds  sterling  for 
false  imprisonment.  He  was  on  a  tour  through 
Scotland,  in  1847,  was  arrested  and  imprisoned 


278 


LIFE   OF   JACOB   BARKER. 


in  Edinburg,  through  the  agency  of  the  Rev. 
James  Robinson,  for  having,  while  discoursing 
on  the  subject  of  slavery,  uttered  sentiments 
offensive  to  that  gentleman. 

Since  these  proceedings  have  been  pending, 
a  case  has  been  decided  at  St.  Louis,  where  the 
professional  character  of  the  commander  had 
been  improperly  impugned;  in  which  the  jury 
gave  a  verdict  for  twenty-seven  thousand  dol- 
lars. 

The  counsel  lay  great  stress  on  what  they 
call  ratification  or  approval.  Does  not  the 
British  government  always  approve  the  action 
of  its  officers?  And  was  it  not  natural  for  the 
father  to  do  all  in  his  power  to  protect  his  son? 
Yet  he  did  not  swear  in  the  case — although 
Mr.  Winthrop  swore  that  his  testimony  was 
material,  and  proponded  to  him  questions  di- 
rectly to  the  point  of  ownership. 

The  frailty  of  the  recollection  of  the  defend- 
ant and  of  Mure,  having  been  established  by 
such  an  abundance  of  testimony,  I  think  that 
all  they  have  said  to  the  prejudice  of  the  plan- 
tiff,  together  with  the  hearsay  testimony  from 
drunken  sailors,  will  be  excluded  as  unworthy 
of  your  honors  consideration. 

Your  honor  will  bear  in  mind  that  there  has 
not  been  any  testimony  showing  violation  or 
an  intention  to  violate  the  terms  of  any  agree- 
ment by  Captain  York ;  he  promised  an 
apology,  which  he  made,  to  the  satisfaction  of 
the  consul ;  he  promised  not  to  ship  any  mate 
not  approved  by  his  consignees,  Messrs  Gor- 
don, Wylie  &  Co. ;  he  did  not,  nor  did  he  at- 
tempt to  do  so,  while  Scott  was  retained,  and 
sent  to  sea  in  the  ship  by  Chilton,  notwith- 
standing the  consul's  consent  that  Captain 
York  should  discharge  him. 

Judging  from  the  conduct  of  Mr.  Mure 
throughout  this  business,  his  deportment  to  de- 
fendant, York,  must  have  been  provoking  in 
the  extreme;  and  is  it  strange  that  he  promptly 
resented  it — a  young  English  shipmaster,  in  a 
foreign  country,  finding  his  complaint  against 
a  rebellious  and  abusive  mate,  proven  to  have 
been  so  by  the  clearest  testimony,  declared  to 
be  frivolous  and  unfounded,  and  disregarded 
by  the  consul — a  mate  that  he  had  found  ne- 
glecting his  duty — the  ship  off  her  course  in 
the  night,  during  the  mate's  watch,  in  immi- 
nent danger  of  being  stranded ;  refusing  to 
obey   the   legitimate    orders   of  the    captain, 


whose  sailing  instructions  were  not  to  allow 
any  of  the  crew  to  skulk.  How  could  he  help 
resenting  it?  It  was  enough  to  make  a 
Merino  lamb  run  mad. 

It  has  been  objected  that  the  petition  was 
too  digressive.  The  duty  of  all  plaintiffs  is 
to  spread  their  case  before  the  court  so  dis- 
tinctly that  the  defendant  may  know  what  he 
has  to  meet  on  trial.  If,  in  doing  this,  the 
counsel  for  plaintiff  went  too  much  into  detail, 
it  could  not  harm  the  defendant  although  it 
might  the  plaintiff. 

If  there  was  any  defect  in  the  pleadings,  the 
defendant's  counsel  had  a  remedy  in  applying 
to  have  the  objectionable  part  stricken  out,  or 
of  filing  a  peremptory  exception  ;  failing  to  do 
this  before  they  answered  and  before  they  went 
to  trial,  the  question  is  not  open  for  argument. 

Your  honor  cannot  be  unmindful  of  the 
various  devices  resorted  to  to  avoid  a  fair  trial 
on  the  merits  of  this  case,  saying  nothing  of 
what  happened  when  Judge  Buchanan  pre- 
resided.  Enough  has  occurred  under  your 
eye  to  convince  any  court  that  a  fair  trial  is 
not  the  object  of  the  defendant,  viz  :  peremp- 
tory exception,  because  Mure  had  not  been 
made  a  defendant ;  that  after  having  demanded 
a  jury,  and  waived  the  exercise  of  that  privi- 
lege, he  waited  until  it  was  too  late  in  the  term 
to  get  it  tried  by  a  jury,  and  when  called  to  be 
tried  by  your  honor,  he  repeated  his  demand 
for  a  jury.  He  then  urged  that  the  plaintiff 
was  dead,  and  that  the  suit  should  abate.  Then 
came  a  motion  to  dismiss  the  suit,  on  the  aver- 
ment that  the  plaintiff  had  abandoned  the 
cause,  and  that  the  counsel  was  prosecuting  it 
for  his  own  benefit.  Then  came  the  plea  of 
sickness;  then  came  the  plea  of  absence  of 
counsel ;  and  finally  came  the  plea  that  the 
costs  of  court  had  not  been  secured.  And  not 
a  particle  of  testimony  in  support  of  any  of 
those  pleas  except  sick?iess. 

With  such  demonstration  fresh  on  the  recol- 
lections of  your  honor,  it  cannot  be  expected 
that  you  will  aid  further  procrastination. 

DECISION    OF    A    RULE    FOR    A    NEW 
TRIAL. 

York     ) 
vs.       >  Fifth  District  Court. 
Chilton.  J 

This  cause  has,  during  more  than  ten  years, 
occupied   nearly  one  half  of  the  jury  terms  of 


YORK   VERSUS    CHILTON. 


279 


this  court.  After  several  mistrials,  a  jury, 
some  years  ago,  found  a  verdict  of  oue  hun- 
dred dollars  for  plaintiff.  My  learned  prede- 
cessor on  this  bench,  Judge  Buchanan,  on 
defendant's  application,  set  aside  this  verdict, 
and  granted  a  new  trial.  Now  a  jury,  com- 
posed of  intelligent  and  respectable  citizens, 
have  thought  proper  to  bring  in  a  verdict  of 
seven  thousand  five  hundred  dollars  for 
plaintiff. 

After  an  attentive  consideration  of  all  the 
circumstances  attending  this  remarkable  case, 
there  is  no  doubt  in  my  mind,  that  the  plain- 
tiff is  fairly  entitled  to  a  verdict  for  some 
reasonable  amount  of  damages,  viz.:  First. 
For  the  unlawful  and  offensive  manner  in 
which  plaintiff  was  dispossessed  of  his  ship  by 
defendant,  by  means  of  an  illegal  order  ob- 
tained from  the  clerk  of  the  United  States 
court.  Second.  The  abrupt  removal  beyond 
the  limits  of  this  State  of  the  said  ship, 
occasioning  the  plaintiff  the  loss  of  a  portion 
of  his  personal  effects  on  board.  Third.  The 
unjust  persecution  and  incarceration  of  plain- 
tiff at  the  suit  of  defendant,  without  any  just 
or  probable  cause. 

However,  considering  that  the  jury  has 
lost  sight  of  several  mitigating  circumstances, 
the  most  important  of  which  are,  First.  That 
the  defendant  is  the  son  of  one  of  the 
charterers  of  the  ship;  that,  ahhough  he  could 
not  prove  at  the  lime  that  he  was  an  accred- 
ited agent  of  his  father,  still  that  relation, 
although  it  will  not  justify  his  oppressive  acts, 
will  operate,  however,  as  a  mitigating  circum- 
stance— creating  a  presumption  that  his  acts 
could  not  have  been  exclusively  controlled  by 
malice.  Second.  That  the  defendant's  acts 
were  subsequently  ratified  by  plaintiff's  em- 
ployers, Chilton  &  Holderness,  who  had,  by 
the  written  original  contract,  reserved  the 
right  of  dismissing  him  at  pleasure. 

Therefore,  as  establishing  a  fair  proportion 
of  the  actual  loss  sustained  by  the  plaintiff  at 
the  hands  of  the  defendant,  aiid  also  as  exem- 
plary damages  to  vindicate  the  offended  ma- 
jesty of  the  law,  I  consider  the  verdict  to  be 
excessive  and  exorbitant. 

At  the  trial  of  this  case,  the  defendant  labor- 
ed under  a  very  serious  disadvantage.  The 
able  counsel  who  had  during  so  many  trials 
successfully  struggled  in  his  defence,  was  ab- 
sent from  the  State. 

The  defendant,  instead  of  securing  the  re- 
liable services  of  the  distinguished  counsel  who 
has  so  ably  argued  this  rule  on  his  behalf,  did, 
in  an  evil  hour  of  mistaken  confidence,  and 
inexperienced  as  he  was  in  the  strategy  of  the 
law,enter  himself  the  list,  single  handed,  against 
one  of  the  oldest  champions  of  this  bar.  Before 
a  jury,  and  in  a  cause  like  the  present  one,  he 
had  as  much'chance  of  success  as  the  retiarius 
with  his  net  and  spear,  coping  in  deadly  con- 
flict with  a  steel  clad  warrior,  armed  with  battle 
axe  and  sword.     Excepting  only  the  latter  one, 


which  is  defendant's  own  fault,  the  above  con- 
siderations should  operate  and  have  their  due 
weight  in  support  of  the  action  made  for  a  new 
trial. 

This  court,  however,  is  not  inclined  to  dis- 
regard entirely  in  this  case  the  verdict  of  an 
intelligent  jury;  when  by  a  legal  course  that 
verdict  may  possibly  be  reduced,  and  the  cause 
be  placed  before  the  Supreme  Court  upon  a 
reasonable  award  of  damages,  when  the 
whole  matter  will  be  supervised  and  finally 
disposed  of.  This  case  would,  probably,  upon 
a  new  trial,  take  up  one-half  of  the  jury  terms 
of  this  court  during  another  lapse  of  ten  years, 
to  the  unjust  detriment  of  the  other  causes  on 
the  jury  dockets. 

It  is  therefore  ordered,  that  in  case  the 
plaintiff,  by  his  agent  and  counsel,  will  file, 
within  a  delay  of  ten  days,  a  remittitur  of  the 
amount  of  Jmir  thousand  Jive  hundred  dollars, 
and  his  acceptance  of  a  judgment  of  three  thou- 
sand dollars,  then  in  that  case  let  the  new  trial 
be  refused.  Otherwise,  and  on  the  non-com- 
pliance by  said  agent  and  counsel  with  the 
above  requisitions,  and  in  that  case  only,  let  a 
new  trial  be  granted. 

REMARKS  BY  MR.  BARKER. 

Although  Mr.  Barker  considers  that  his 
honor,  Judge  Augustin,  has  taken  a  mistaken 
view  of  that  part  of  the  evidence  on  '.vhich  he 
bases  his  opinion,  that  the  damages  allowed  by 
the  jury  were  excessive  and  exorbitant,  he,  con- 
formably to  the  judge's  suggestion,  enters  the 
remittitur  of  forty  five  hundred  dollars,  because 
he  is  anxious  to  terminate  litigation,  and  because 
he  does  not  believe  that  more  than  three  thou- 
sand dollars  could  be  collected  from  the  de- 
fendant. 

Mr.  Barker  is  of  the  opinion  that  the  dam- 
ages awarded  by  the  jury,  so  far  from  being 
excessive  and  exorbitant,  should,  from  the  tes- 
timony on  record,  have  been  for  ten  thousand 
dollars,  the  full  amount  claimed. 

Mistaken,  inasmuch  as  Messrs.  Holderness  & 
Chilton  were  not  the  employers  of  Captain 
York;  they  never  had  a  written  contract  with 
him,  nor  were  they  the  charterers,  unless  they 
represented  the  Hull  Flax  and  Cotton  Mills 
Company;  or  unless,  as  ship  brokers,  they  pro- 
cured from  that  company  the  charter,  they 
never  had  the  right  to  dismiss  Captain  York 
at  pleasure,  consequently  could  not  have  re- 
tained it  by  a  written  stipulation,  or  otherwise. 

Those  facts  not  being  material,  were  not 
discussed  on  either  trial;  nor  was  any  other 
than  incidental  testimony  given  in  relation 
thereto  by  either  party.     The  judge,  doubtless, 


280 


LIFE    OF   JACOB    BARKER. 


was  led  into  this  error  from  the  fact  of  Holder- 
ness&  Chilton  having  signed  the  sailing  orders, 
and  that  of  Thomas  Holderness,  of  Hull,  the 
owner  of  the  ship,  (who  is  a  very  different  per- 
son from  Messrs.  Holderness  &  Chilton,  of  Liv- 
erpool,) having  retained  that  right,  in  terms,  in 
his  original  contract  with  Captain  York,  dated 
the  1st  of  January.     (See  page  254.) 

CAPX.  YORK'3  POWER  TO  MR.  BARKER. 

New  Orleans,  August  2,  1849. 

Sir:  Being  about  leaving  Louisiana  for  Cali- 
fornia, I  have  to  request  that  you  press  my 
claim  on  Richard  Harrison  Chilton  to  final 
judgment  with  all  possible  diligence,  either  in 
the  existing  suit  or  in  such  other  legal  pro- 
ceedings as  you  may  think  best;  and  should  a 
compromise  be  deemed  expedient,  you  are 
hereby  authorised  to  settle  the  matter  as  you 
may  think  best;  to  give,  grant,  and  deliver  all 
necessary  and  proper  releases,  and  I  hereby 
agree  to  ratify  whatever  you  may  do  in  the 
premises. 

Very  respectfully,  your  obedient  servant, 
W.  B.  YORK. 

Jacob  Barker,  esq. 


Wm.  B.  York, 

vs. 
R.  H.  Chilton. 


Fifth  District  Court  of 
New  Orleans. 


In  this  case,  his  honor,  Judge  Augustin, 
haviug  this  day  rendered  judgment  on  the  rule 
of  defendant  to  show  cause  why  a  new  trial 
should  not  be  granted  dismissing  said  rule  on 
condition  that  plaintiff's  counsel  should  enter 
a  remittitur  of  forty-five  hundred  dollars  of  the 
verdict  for  seveu  thousand  five  hundred  dollars 
rendered  by  the  jury. 

The  plaintiff's  counsel  and  agent  hereby  re- 
mits four  thousand  five  hundred  dollars  of  the 
said  verdict.  The  said  counsel  and  agent 
hereby  agrees  that  the  said  verdict  shall  be 
considered  as  for  three  thousard  dollars,  and 
prays  that  judgment  be  rendered  against  II.  H. 
Chilton  in  favor  of  plaintiff  for  that  sum. 

JACOB  BARKER, 
Counsel  and  Agefit  for 

w.  b.  york: 


THE  WAR  LOAN. 

To  the  Honorable  Court  of  Claims  of  the  Unit- 
ed Slates,  sitting  in  Washington,  D.  C. 

Your  petitioners,  Richard  R.  Ward,  Fitz 
Green  Halleck  and  Jacob  Little,  of  New  York, 
assignees  of  Jacob  Rarker,  respectfully  repre- 
sent that  on  the  second  of  May,  1814,  the  said 
Jacob  Barker  became  a  subscriber  to  the  first 
loan,  denominated  the  ten  million  loan,  made 
under  the  act  of  Congress  passed  the  24th  of 


March,  1814,  chap.  29.  The  terms  of  the  con- 
tract upon  which  the  said  loan  was  taken,  are 
fully  set  forth  in  the  following  correspondence 
between  the  said  Jacob  Barker  and  the  Hon. 
Gr.  W.  Campbell,  Secretary  of  the  Treasury  of 
the  United  States,  to  wit: 

Washington,  Uh  month  30,  1814. 

"Respected  friend:  I  will  loan  to  the  gov- 
ernment of  the  United  States  five  millions  of 
dollars,  receiving  one  hundred  dollars  in  six 
per  cent  stock  for  each  eighty-eight  dollars 
paid,  and  will  pay  the  money  in  the  proportion, 
and  at  the  period  mentioned  in  the  advertise- 
ment of  the  4th  of  April,  to  their  credit,  in  such 
banks  of  the  United  States  as  may  be  agreea- 
ble to  thee. 

"On  the  payment  of  each  instalment  and 
satisfactory  assurances  for  the  payment  of  the 
others,  funded  stock  to  be  issued.  It  being 
understood  and  agreed  that  if  terms  more  fa- 
vorable to  the  loaners  be  allowed  for  any  part 
of  the  twenty-five  millions  authorized  to  be 
borrowed  the  present  year,  the  same  terms  are 
to  be  extended  to  this  contract. 

"The  commission  of  one  quarter  of  one  per- 
cent, mentioned  in  the  advertisement  to  be 
allowed  me  on  the  amount  loaned. 

"With  great  re?pect  and  esteem,  I  am  thy 
assured  friend, 

"JACOB  BARKER. 

"The  Hon.  G.  W.  Campbell, 

"Secretary  of  the  Treasury." 


Treasury  Department,  May  2d,  1814. 

Sir: — The  terms  on  which  the  loan  has  been 
this  day  concluded,  are  as  follows,  viz: 

Eighty -eight  dollars  in  money  for  each  hun- 
dred dollars  in  stock;  and  the  United  Slates 
engage,  if  any  part  of  the  sum  of  twenty-five 
millions  of  dollars  authorised  to  be  borrowed 
by  the  act  of  the  24th  of  March,  1814,  is  bor- 
rowed upon  terms  more  favorable  to  the  lend- 
ers, the  benefit  of  the  same  terms  shall  be 
extended  to  the  persons  who  may  then  hold 
the  stock  or  any  part  of  it  issued  for  the  pres- 
ent loan  of  ten  millions. 

Your  proposal  of  the  30th  April,  for  five  mil- 
lions of  dollars  of  the  loan  having  been  at  the 
above  rate,  or  at  a  rate  more  favorable  than 
the  above  to  the  United  States,  has  been  ac- 
cepted; and  you  will  please  to  pay,  or  cause  to 
be  paid,  on  the  25th  day  of  the  present  month, 
into  the  bank  or  banks  you  have  named,  or 
into  such  as  you  shall  name  to  the  Secretary  of 
the  Treasury,  on  the  receipt  of  this  letter, 
twenty-five  per  cent,  or  one-fourth  of  the  sum 
above  stated,  pursuant  to  the  notification  from 
this  Department  of  the  4th  April  last,  and  the 
remaining  instalments  on  the  days  fixed  in  the 
said  notification.  You  will  be  pleased,  also, 
on  or  before  the  25th  of  May,  to  furnish  the 
cashier  or  cashiers  of  the  bank  or  banks,  where 
the  payments  under  your  proposal  are  to  be 
made,  with  the  names  of  persons  in  whose  be- 


THE    WAR    LOAN. 


281 


half  the  proposal  has  been  made,  aad  the  sums 
payable  by  .each. 

The  commission  of  one-fourth  of  one  per  cent, 
will  be  paid  from  the  Treasury,  after  the  pay- 
ment of  the  first  instalment  on  the  25th  day  of 
the  present  month. 

I  am  respectfully,  sir,  your  obedient  servant, 
G.  W.  CAMPBELL. 
Jacob  Barker,  Esq.,  New  York. 

Your  petitioners  further  represent  that  the  said 
Jacob  Barker  furnished  large  sums  of  money  to 
the  government,  paying  in  specie,  or  its  equiva- 
lent, receiving  stock  therefor  pursuant  to  the 
said  contract,  of  which  stock  there  were  three 
millions  four  hundred  and  forty-six  thousand 
one  hundred  and  three  57-100  dollars  held  by 
sundry  individuals  and  institutions  on  which  he 
was  entitled  to  the  benefit  of  the  condition,  near 
three  million  of  which  was  held  in  trust  for  his 
account,  and  the  residue  had  been  sold  reserving 
the  benefit  of  the  condition  ;  for  the  amount 
held  by  each,  your  petitioners  refer  to  the  books 
of  the  United  States  loan  offices,  the  use  of 
which  they  invoke. 

Your  petitioners  further  represent  that  the 
Secretary  of  the  Treasury,  on  the  31st  of  Au- 
gust, 1814,  under  the  said  law  of  24th  March, 
1814,  entered  into  another  contract  with  divers 
persons  and  especially  with  Dennis  A.  Smith, 
of  Baltimore,  for  a  further  loan,  payable  on  the 
20th  September,  10th  of  October,  10th  of  No- 
vember and  10th  of  December  of  that  year, 
one-fourth  each,  which  was  received  in  the 
notes  of  the  banks  of  the  District  of  Columbia 
and  of  Baltimore,  and  that  the  said  banks  were 
then  in  a  state  of  suspension  and  their  notes 
depreciated  from  ten  to  twenty-five  per  cent, 
dependent  on  the  dates  when  each  instalment 
was  received ;  for  each  eighty  dollars  of  such 
notes  received,  the  Treasury  of  the  United 
States  issued  one  hundred  dollars  stock. 

Your  petitioners  further  represent  that  they 
have  been  informed,  and  believe  that  further 
portions  of  the  said  twenty-five  millions  loan 
were  negotiated  by  the  Secretary  of  the  Treas- 
ury subsequent  to  the  31st  of  August,  1814, 
for  which  depreciated  paper  was  received,  giv- 
ing one  hundred  dollars  six  per  cent,  stock  for 
each  eighty  dollars  of  such  depreciated  paper. 

Your  petitioners  insist  that  upon  these  facts, 
by  virtue  of  the  contract  made  by  Jacob  Barker, 
as  aforesaid,  the  holders  of  funded  stock  in  the 
ten  million  loan,  became  entitled  on  the  31st 
August,  1814,  to  an  amount  of  supplemental 
stock,  equal  to  the  difference  between  eighty- 
eight  dollars  in  money  paid  for  it.  and  the 
value  of  eighty  dollars  in  depreciated  bank 
paper  paid  by  the  subscribers  for  the  second 
loan. 

But  the  Secretary  of  the  Treasury,  estimat- 
ing the  payments  for  the  second  loan  as  so 
much  money,  and  taking  no  account  of  the 
depreciation  of  the  currency  received,  allowed 
supplemental  stock  only  to  the  amount  of  ten 

19 


per  cent,  on  the  original  stock,  which  was  the 
mere  nominal  difference  between  the  rates  of 
the  two  loans,  while  the  real  difference  was 
about  three  times  that  amount;  and  to  make 
the  injustice  of  this  proceeding  still  more  pal- 
pable, the  Secretary  of  the  Treasury  refused  to 
issue  this  supplemental  stock  to  the  persons 
who  were  the  holders  of  the  original  stock  on 
the  31st  August,  1814,  finally  insisted  on  their 
surrendering  the  'certificates  of  stock  which 
were  held  by  them,  although  there  was  not  any 
reference  to  the  condition  on  the  face  of  said 
certiricates,  and  after  a  long  delay  issued  it  to 
those  who  happened  to  hold  them  at  the  time 
they  should  be  thus  surrendered. 

In  the  judgment  of  your  petitioners  this  was 
a  manifest  departure  from  the  terms  of  the 
contract,  which  greatly  embarrassed  and  injur- 
ed the  said  Jacob  Barker  in  the  large  interests 
affected  by  this  unsound  decision.  Nevertheless 
the  parties  who  might  have  profited  by  this 
advantage,  in  most  cases  proved  to  be  suffi- 
ciently just  to  hand  over  to  him  this  supple- 
mental stock  of  ten  per  cent,  issued  on  that 
portion  of  the  loan  on  which  he  was  entitled  to 
the  benefit  of  the  condition. 

The  only  claim,  therefore,  now  insisted  upon 
is  the  allowance  for  the  difference  between  the 
nominal  and  real  value  of  the  paper  currency 
received  at  the  Treasury. 

It  is  true  that  the  government  acted  oppres- 
sively towards  the  said  Jacob  Barker  in  other 
important  respects  and  thereby  inflicted  upon 
him  the  most  serious  and  fatal  injuries,  in  evi- 
dence of  which  your  petitioners  refer  to  the 
letter  of  Nathan  Lufborough,  Comptroller  of 
the  Treasury,  dated  24th  November,  1814,  ad- 
dressed to  the  Secretary  of  the  Treasury  and 
by  him  adopted,  in  words  and  figures  following: 

"Treasury  Department, 
"Comptroller's  office,  Nov.  24,  1814. 

"Sir:  I  take  the  liberty  of  enclosing,  for 
your  approbation,  forms  of  certificates  proposed 
to  be  printed  and  issued  to  the  holders  of  stock 
in  the  ten  million  loan,  pursuant  to  the  opinion 
of  the  Attorney  General  enclosed  to  me  in  your 
letter  of  the  19th  instant. 

"These  forms  have  become  necessary,  in  or- 
der to  carry  into  effect  that  part  of  your  letter 
to  me  of  the  22d  of  this  month,  which  requests 
that  every  proper  facility  may  be  afforded  to 
the  holders  of  certificates  in  the  above  mention- 
ed stock,  ;to  establish  hereafter  the  identity  of 
the  supplemental  stock,'  (now  about  to  be  issu- 
ed to  them,)  and  its  connexion  with  the  ten 
million  loan.  The  designation,  in  writing,  on 
the  face  of  the  certificates  to  be  issued  for  the 
supplemental  stock,  is  made  for  no  other  pur- 
pose than  that  of  enabling  the  holder,  if  he 
chooses,  to  preserve  its  identity  and  its  con- 
nexion with  the  primary  stock.  The  manu- 
script addition  made  on  the  face  of  the  condi- 
tion intended  to  be  issued  in  lieu  of  the  origi- 
nal 6tock,  of  the  ten  million  loan  now  in  circu- 


282 


LIFE    OF   JACOB    BARKER. 


lation,  is   intended — 1st,  to  guard  the  public 
against  imposition,  by  preventing  more  supple- 
mental stock  from  issuing,  in  any  case,  than  is 
actually  due;    and,  2d,  to  give  notice  to  subse- 
quent purchasers  of  the  stock,  that  the  stipula- 
tions contained  in  the  contract  between  the 
Secretary  of  the  Treasury  and  the  original  sub-  \ 
scribers  to  the  loan  had  been  fulfilled,  or  in  j 
other  words,  that  everything  relating  to  that 
contract,  so  far  as  respected  the  stock  in  exist- 
ence, was  deemed  at  the  treasury  to  be  settled  ; 
and  closed.     There  is  nothing  in  this  that  can 
have  a  tendency  'to  impair  the  rights  or  em- 
barrass the  remedies'  of  the  public  creditors  | 
under  the  ten  million  loan  for  further  issues  of  j 
supplemental  stock. 

''No  exaction  is  made  from  them  of  any  j 
release  whatever  of  their  rights  or  claims  in  this  j 
respect.  Their  rights  will  still  remain  with  i 
themselves,  and  their  remedies  with  Congress,  j 
The  notification,  on  the  face  of  the  certificate, 
is  nothing  more  than  a  simple  statement  and  \ 
exhibition  of  a  fact  which  does  exist,  and 
which  ought  to  be  known,  as  well  to  the  subse-  \ 
quent  purchasers  of  the  stock  as  to  those  who 
now  hold  it — namely,  that  the  supplemental 
stock,  stated  on  the  face  of  the  certificate  to 
have  been  issued,  was  deemed  at  the  treasury 
to  be  a  full  and  complete  execution  of  the 
original  contract  on  the  part  of  the  govern- 
ment, so  far  as  regarded  the  amount  of  stock 
to  be  issued  under  that  contract.  This  inform- 
ation is  already  in  possession  of  the  agent  of 
the  present  holders  of  the  stock,  or  a  great 
portion  of  it.  To  keep  it  from  subsequent 
holders,  who  might  purchase  too  under  the 
impression  that  still  further  benefits  are  to 
attach  to  the  stock,  might  subject  the  treasury, 
and  with  great  reason,  to  imputations  which  it 
has  hitherto  been  free  from,  and  which  it  never 
will,  I  trust,  be  justly  liable  to,  I  have  deemed 
it  to  be  my  duty  to  be  thus  particular  in 
explaining  to  you  the  causes  for  my  making 
the  certificates  of  stock  in  the  forms  you  see 
them,  and  I  hope  this  will  be  the  last  time  I 
shall  have  occasion  to  trouble  you  on  this  very 
unpleasant  business. 

"Without,  &c, 
"NATHAN  LUFBOIIOUGH, 

"Acting   Comptroller. 
"Hon.  Secretary  of  the  Treasury." 

And  to  another  letter  from  said  Comptroller, 
dated  30th  November,  1814,  addressed  to  the 
Commissioners  of  Loans,  from  which  the  fol- 
lowing extracts  are  taken : 
"  CIRCULAR  TO  CERTAIN  COMMISSIONERS  OF  LOANS. 

"  Treasury  Department, 
"Comptroller's  Office,  Nov. SO,  1814. 

"Sir:  I  enclose,  for  your  information  and 
government,  a  copy  of  a  notification,  bearing 
date  this  day,  issued  by  the  Secretary  of  the 
Treasury,  respecting  additional  stock  to  be 
issued  to   the  subscribers,   or  those   claiming 


under  them,  to  the  loan  of  ten  millions  of  dol- 
lars of  the  2d  May,  1814. 

"The  additional  stock  in  question  is  to  be 
issued  to  the  persons  holding,  at  the  time  of 
application  for  the  additional  stock,  scrip  cer- 
tificates, or  funded  certificates  of  stock  of  the 
aforesaid  loan  of  ten  millions  of  dollars,  and 
not  to  those  who  may  have  held  the  said  cer- 
tificates on  the  31st  of  August  last,  the  day  on 
which  a  part  of  the  loan  for  six  millions  of  dol- 
lars was  taken,  unless  they  shall  also  hold 
them  at  the  time  of  application  for  the  addi- 
tional stock. 

"On  the  original  certificate,  thus  surrender- 
ed, there  must  be  an  assignment  by  the  propri- 
etor, or  his  attorney,  agreeably  to  the  forms 
herewith,  marked  B.  You  will  perceive  that 
the  accounts  of  the  old  stock  are  to  be  closed 
on  your  books  and  new  accounts  opened,  cor- 
responding with  the  alteration  in  the  funded 
certificates  hereafter  to  be  issued,  a  supply  of 
which  will  be  transmitted  to  you  by  the  Regis- 
ter of  the  Treasury. 

"  You  will  make  out  duplicate  abstracts  of 
the  certificates  of  supplemental  stock  issued 
by  you,  agreeably  to  the  enclosed  form,  marked 
C ;  one  of  which  abstracts  you  will  forward  to 
this  office  quarter  yearly,  and  file  the  other  in 
your  office. 

"It  is  proper  to  apprize  you,  that  the  Attor- 
ney General  has  given  an  opinion  to  the  Secre- 
tary of  the  Treasury,  setting  forth,  amongother 
things,  that  the  condition  in  the  letter  of  the 
Secretary  of  the  Treasury,  of  the  2d  May,  1814, 
to  the  subscribers  for  the  ten  million  loan, 
'attached  as  soon  as  the  second  loan  was  made, 
(the  loan  of  August  1814;)  that,  on  the  hap- 
pening of  that  event,  it  (the  contract)  no  longer 
remained  open  and  executory,  subject  to  all  the 
variations  in  price  which  might  mark  subse- 
quent loans,  until  the  whole  twenty-five  mil- 
lions should  be  exhausted.'  This  opinion  has 
been  adopted  at  the  treasury,  and  the  supple- 
mental stock,  now  authorized  to  be  issued,  is 
deemed  to  be  in  full  of  all  demands  upon  the 
government  for  further  issues  of  stocks  in  the 
ten  million  loan,  under  the  contract  above 
mentioned.  It  is  not  thought  necessary,  how- 
ever, to  take  any  release  to  this  effect  from  the 
stockholders,  on  delivering  them  the  supple- 
mental stock. 

"  lam,  very  respectfully,  &c, 

"NATHAN  LUFBOROUGH." 

The  intention  of  this  position  that,  the  con- 
dition attached  to  the  first  loan  was  fully  satis- 
fied and  discharged  by  payment  of  the  difference 
between  the  first  and  second  loan,  was  to  ena- 
ble the  government  to  put  its  stock  upon  the 
market  at  any  price  whatever,  without  any 
further  responsibility  to  the  holders  of  the 
original  stock.  This  decision  of  the  Treasury 
was  published  to  the  world  for  the  express  and 
avowed  purpose  of  destroying  the  value  of  the 
condition  contracted  for,  and  which  was  to  be 


THE   EUROPEAN    WAR. 


283 


enjoyed  by  those  who  should  hold  the  stoke 
whenever  more  favorable  terms  should  be  al- 
lowed to  any  subsequent  subscriber  lor  any 
part  of  the  twenty-five  millions. 

And  further,  to  accumulate  hardship  and 
oppression  upon  the  first  contractors,  of  whom 
Jacob  Barker  was  the  most  important,  the 
government  finally  determined  to  destroy  the 
effect  of  the  condition  by  applying  to  Congress 
for  authority  to  make  another  loan  under  a  dif- 
ferent law.  Before  one-half  the  sum  authorized 
to  be  borrowed  by  the  act  of  24th  March,  1814, 
had  been  obtained  by  the  government,  the  act 
of  loth  November,  1814,  chap.  4,  not  only  au- 
thorized a  new  loan,  but  expressly  empowered 
the  banks  of  the  District  of  Columbia,  then  in 
a  state  of  suspension,  to  take  any  part  of  it. 
They  accordingly  did  subscribe,  and  paid  their 
subscriptions  in  their  own  depreciated  paper. 
This  new  loan  was  made  when  only  about  one- 
half  of  the  twenty-five  million  loan  had  been 
borrowed,  a  great  portion  of  which  yet  remains 
unnegotiated.  The  effect  of  this  proceeding 
was  to  avoid  the  condition  attached  to  the  first 
loan  under  the  act  of  the  24th  March  preced- 
ing ;  but  it  was  evidently  a  mere  evasion  which 
the  power  of  the  government  rendered  effectual 
to  destroy  the  rights  of  the  parties  interested, 
so  far  as  depended  on  the  market  value  of  the 
stock,  but  which  no  human  authority  or  inge- 
nuity can  make  consistent  with  the  terms  of 
the  original  contract,  and  the  sanctity  of  the 
national  faith. 

Your  petitioners  further  state  that  the  said 
Jacob  Barker,  in  the  first  instance,  and  them- 
selves, as  his  assignees,  afterwards,  repeatedly 
applied  to  Congress  for  relief,  but  without 
effect.  At  the  second  session  of  the  lGth  Con- 
gress, the  Senate  Committee  on  Claims  made 
report  No.  56  adverse  to  the  claim.  At  the 
first  session  of  the  17th  Congress  the  same 
Committee  made  Senate  report  No.  40,  and  the 
application  was  rejected  by  the  Senate.  Refer- 
ence is  made  to  these  reports  to  show  that  the 
grounds  assumed  therein  are  wholly  untenable 
in  law,  and  in  fact.  Not  convinced  by  the 
reasoning  of  these  honorable  committees,  but 
still  satisfied  of  the  substantial  justice  of  the 
claim  asserted,  the  petitioners  again  and  again 
presented  their  application  to  Congress,  but  the 
same  was  not  definitely  acted  upon  until  the 
second  session  of  the  32d  Congress,  when,  in  the 
House  of  Representatives  the  Committee  on  the 
Judiciary  made  report  140,  accompanied  by  bill 
No.  793,  both  of  which,  with  all  the  accompa- 
nying papers,  were,  by  resolution  of  said  House, 
referred  tothisbonorable  court  forinvestigation. 
Your  petitioners  further  state  that  on  the 
10th  of  April,  1820,  the  said  Jacob  Barker 
made  an  assignment  of  this  claim,  for  the  ben- 
efit of  his  creditors,  to  your  petitioners  and 
Jesse  Hoyt.  The  latter  gentleman  declined  the 
trust.  No  other  person,  except  the  said  Jacob 
Barker  and  his  creditors,  have  any  interest 
whatever  in  the  claim  herein  presented. 


In  consideration  of  the  premises,  and  in  pur- 
suance of  the  reference  made  by  the  House  of 
Representatives,  your  petitioners  pray  that  the 
court  will  investigate  the  demand  herein  set 
forth;  and  believing  themselves  entitled,  as 
assignees  of  the  said  Jacob  Barker,  to  an  allow- 
ance on  three  millions  four  hundred  and  forty- 
six  thousand  one  hundred  and  three  57-100 
dollars,  equal  to  the  difference  between  lawful 
money  and  the  depreciated  paper  received  un- 
der the  loan  of  31st  of  August,  1814,  which 
said  difference  was  due  in  stock  bearing  an  in- 
terest of  six  percent,  per  annum  from  the  time 
the  money  was  received  by  the  Treasury  of  the 
United  States,  they  pray  that  the  just  amount 
of  this  allowance  may  be  fairly  estimated  and 
reported  to  Congress  for  payment. 

BROWN,  STANTON  &  WALKER, 
Attorneys. 


THE  EUROPEAN  WAR. 

Humanity  demands  an  immediate  peace,  its 
importance  to  the  manufacturing  and  commer- 
cial interests  of  the  world  is  not  questioned. 
The  war  was  commenced  by  France  to  cement 
and  perpetuate  the  Napoleon  dynasty,  and  by 
England  to  protect  her  East  India  possessions. 

The  idea  that  it  was  embarked  in  from  sym- 
pathy for  Turkey  is  preposterous.  Christians 
who  felt  so  much  sympathy  for  the  oppressed 
Greeks,  would  not  war  in  support  of  infidelity 
from  any  such  feeling. 

The  object  of  France  has  been  attained, 
while  the  effect  of  the  war  has  been  to  transfer 
the  balance  of  power  from  Russia  to  France. 
The  humiliation  of  Russia,  if  that  were  possi- 
ble, could  not  restore  to  England  the  prestige 
she  has  lost  in  this  war. 

Money  and  men  are  the  great  elements  of 
war.  The  scrupulous  fidelity  Britain  has  pre- 
served in  all  her  stock  operations  has  enabled 
her  paper  mills  to  supply  the  one,  of  the  other 
she  is  destitute;  her  people  will  not  enlist  in 
her  armies  for  foreign  service,  they  prefer  to 
die  at  home,  and  the  recruits  her  money  pro- 
cures from  the  miserable,  petty  states  she  has 
subsidized,  cannot  restore  the  glory  she  has  lost. 

The  use  of  steam  navigation  has  deprived 
her  of  the  superiority  she  enjoyed  on  the  ocean 
for  more  than  a  century;  she  has  to  submit,  as 
mortifying  as  it  is,  to  being  considered  a  second- 
rate  power:  hence,  the  sooner  she  falls  back  on 
her  manufacturing  and  commercial  interests 
the  better  for  her,  therefore  a  general  peace 
may  be  expected  without  another  year's  cam- 


284 


LIFE    OF   JACOB    BARKER. 


paign.     These  interests  will  not  be  promoted 
by  doing  Russia  further  mischief. 

As  to  France,  she  has  already  won  glory 
enough  in  the  present  war  to  last  her  through 
the  reign  of  her  present  Emperor,  besides,  she 
cannot  continue  it  single-handed  without  en- 
dangering all  she  has  won.  She,  like  her 
neighbors,  lacks  money  and  bread. 

The  true  policy  of  the  United  States  is  to 
cultivate  our  commercial  relations  with  all  the 
nations  of  the  earth;  to  keep  out  of  debt;  to 
keep  down  taxation ;  not  to  waste  money  on  use- 
less fortifications,  or  naval  equipments;  have 
her  youths  instructed  in  the  art  of  war,  relying 
on  the  people  to  fill  the  ranks  of  the  army  in 
case  such  a  calamity  should  befal  us,  and  on 
small  armed  vessels,  to  destroy  the  enemy's 
commerce,  with  which  the  ocean  could  be  cov- 
ered in  ninety  days.  Neither  prizes  or  prison- 
ers should  be  sent  home.  Such  an  armament 
would  do  the  enemy  more  harm  than  fifty  line- 
of-battle  ships  of  the  largest  class  could  do. 
This,  aided  by  an  embargo  and  non-importation 
law,  would  soon  restore  peaceful  relations. 

The  intelligence  from  France  indicates  that 
she  contemplates  abandoning  the  metallic  cur- 
rency; this  apprehension  has  alarmed  the  Bank 
of  England ;  the  drain  of  specie  leads  to  the 
belief  that  France  means  to  suspend  specie 
payments  full  handed. 

To  arrest  so  direful  a  catastrophe  there  ap- 
pears to  be  many  projects  under  consideration, 
they  are  all  palliatives;  peace  is  the  only  j 
remedy.  The  project  of  doubling  the  capital 
of  the  Bank  of  France,  may  have  the  effect  of 
putting  off  the  evil  day  for  a  short  time,  as  it  j 
will  enable  the  bank  to  extend  greater  facilities 
to  the  government;  yet  pay- day  will  come,  and 
if  the  war  continues  she  will  have  to  resort  to 
the  paper  system,  and  tender  laws;  whether 
the  present  Emperor  is  equal  to  this  task  is 
problematical. 

The  banks  of  the  United  States  have  timely 
notice,  and  it  behoves  them  to  curtail  their 
liabilities;  they  should  remember  that  no  one 
can  draw  their  specie  who  has  not  a  claim 
therefor,  and  that  the  banks  are  as  much  bound 
to  pay  their  debts  as  individuals  are,  and  there- 
fore have  no  right  to  complain  when  specie  is 
called  for.  Further  contributions  from  Mr. 
Barker,  on  the  subject  of  the  finances  of  the 
world,  were  expected  for  this  volume,  his  other 


occupations  have  prevented  their  being  fur- 
nished; therefore  we  close  it  by  adding  an  ex- 
tract from  the  New  York  Herald. 

[From  the  New  York  Herald,  October  20, 1855.] 
THE  COMMERCIAL  NEWS  BY  THE  ATLANTIC— FINAN- 
CIAL CONDITION  OF  EUROPE. 

The  commercial  community  will  find  else- 
where a  number  of  extracts  from  British  jour- 
nals respecting  the  condition  of  the  finances  of 
the  Western  Powers.  They  will  not  only  repay 
perusal  from  their  intrinsic  interest,  but  may 
be  worth  preserving  for  future  reference  as 
materials  for  the  history  of  finance. 

In  studying  them,  care  must  b2  taken  not  to 
allow  the  technical  phrases  of  the  bankers  and 
financiers  to  create  confusion.  The  facts  are 
very  simple.  Here  are  three  nations  at  war. 
They  start  with  the  following  debts: 

England $3,869,615,000 

France 1,165,000,000 

Russia 340,080,000 

The  first  year  of  the  war  passes  over.  It  is 
found  that  it  has  cost,  in  round  numbers,  $1,- 
500,000,000,  divided  in  the  proportion  of  one- 
third  each  to  Russia  and  France,  and  the  re- 
maining third  divided  between  England,  Tur- 
key, and  Sardinia.  The  loans  have  been  as 
follows : 

France #500,000,000 

England 1 10,000,000 

Russia  must  have  been 600,000,000 

Now,  it  may  be  a  question  whether  any  one 
of  these  three  nations  can  stand  an  expenditure 
of  this  amount,  or  maintain  its  credit  while  using 
it  at  this  rate.  Of  the  three  Russia  would,  of 
course,  stand  it  best,  because  it  has  least  com- 
merce, its  money  is  in  fewest  hands,  and  the 
government  is  of  that  paternal  character  that 
measures  of  gentle  coercion  can  be  adopted 
with  regard  to  property  owners  without  any 
difficulty.  But  without  entering  into  a  discus- 
sion of  the  effects  of  the  continuance  of  such 
a  drain  on  the  national  resources  of  the 
belligerents,  two  collateral  facts  of  present 
significance  afford  quite  ample  food  for  reflec- 
tion. 

A  kw  months  ago,  two  alarming  phenome- 
na were  noticed  by  the  French  government 
— the  first  was  the  gradual  disappearance  of 
gold,  the  second  was  the  bad  promise  of  the 
crops.  The  former  could  only  be  accounted 
for  by  the  supposition  that  the  bourgeoisie  of 
France,  who  had  come  forward  in  such  a  spe- 
culative spirit  to  subscribe  for  the  imperial 
loans  had  repented,  lost  confidence  in  the  gov- 
ernment and  were  hoarding  money;  which  was 
the  fact.  Half  a  dozen  French  statutes,  de- 
claring it  a  capital  offence  to  secrete  or  export 
gold,  prove  how  prone  the  French  have  been  to 
deal  thus  with  their  specie,  whenever  alarm 
seized  them.  The  second  phenomenon  was 
equally  unpromising.  Ignorant  as  the  French 
are  of  political  economy,  they  invariably  fly  to 


FINANCIAL    CONDITION    OF    EUROPE. 


285 


the  government  when  famine  breaks  out,  and 
demand  the  passage  of  a  law  to  fix  the  price  of 
bread  and  other  necessaries;  the  State  having, 
on  many  occasions,  foolishly  yielded  to  the  cla- 
mor, passed  the  law,  and  made  up  the  differ- 
ence to  the  producers  itself.  The  forced  con- 
sequence therefore  of  the  failure  of  the  crops 
and  the  general  dearness  of  provisions  was  the 
promulgation  by  the  Emperor  of  two  ordinances, 
the  one  regulating  the  price  of  corn,  the  other 
the  price  of  butchers  meat.  Needless  to  ex- 
plain that  these  ordinances  involve  the  govern- 
ment in  a  new  expenditure,  which  cannot  be 
less  than  several  hundred  thousand  dollars  a 
week.  Coming  at  the  very  time  when  the 
drain  on  the  bank  had  already  embarrassed  it, 
a  panic  was  inevitable.  One  false  step  leads 
to  another.  After  paying  to  give  cheap  bread 
and  cheap  beef  to  the  Parisians,  the  Emperor 
was  next  forced  to  pay  to  give  them  cheap 
gold.  In  other  words,  the  Bank  of  France,  to 
avoid  a  suspension,  resorted  to  the  despairing 
experiment  of  sending  to  London,  buying  gold 
there  at  a  premium,  and  selling  it  to  its  custo- 
mers at  par.  Of  course,  this  resource  could 
not  be  expected  to  last  long.  The  Bank  of 
England,  already  fearfully  weakened  by  the 
secret  drafts  made  by  the  Russian  fund 
holders,  retaliated  on  its  neighbor  by  raising 
the  rate  of  interest  to  5^ ;  and  if  the  drain 
continued,  it  was  well  understood  that  it  would 
be  raised  to  6,  or  to  whatever  figure  might  be 
necessary  to  keep  the  gold  at  home.  What  is 
Napoleon  to  do?  Rumor  says  that  he  is  about 
to  permit  the  bank  to  suspend  specie  payments 
and  at  the  same  time  to  double  the  capital  of 
the  bank.  When  the  like  measure  was  pro- 
posed in  1806  to  his  uncle,  he  answered  "  That 
would  be  for  the  bank  to  be  coining  false  mo- 
ney. So  clearly  do  I  see  the  dangers  of  such 
a  course  that  if  necessary  I  would  stop  the  pay- 
ment of  my  soldiers  rather  than  persevere  in  it." 
The  other  point  which  financiers  would  do 
well  to  meditate  at  the  present  time  is  the  dif- 
ference between  the  position  of  the  belligerents 
arising  out  of  the  difference  between  their  re- 
spective currencies.  The  Western  Powers,  it 
must  be  remembered,  work  on  a  specie  curren- 
cy ;  Russia  wholly  on  a  currency  of  paper, 
which  is  made  a  legal  tender.  This  makes  all 
the  difference  in  the  world.  Russia  only  needs 
to  pay  a  paper  maker  and  an  engraver  to  pay 
for  all  the  corn,  provisions,  arms,  transporta- 
tion and  soldier's  pay  she  needs.  For  what 
saltpetre  and  other  military  stores  she  requires 
from  abroad,  she  can  pay  with  the  gold  she 
draws  from  Great  Britain  by  selling  out  the 
ten  or  more  millions  the  imperial  family  have 
long  held  in  the  funds.  Whereas  the  moment 
France  and  England  cannot  pay  their  debts  on 
demand,  their  own  subjects  turn  round  upon 
their  governments,  and  a  suspension  of  specie 
payments  becomes  inevitable.  The  very  readi- 
ness with  which  the  people  of  France  sub- 
scribed for  the  imperial  loans  may  be  fatal  to 


the  Emperor  in  the  end  ;  for  among  so  many 
people  some  are  sure  to  take  fright,  sell  their 
rentes  and  demand  specie,  and  spread  a  panic 
through  the  market.  As  to  England,  the  case 
is  still  clearer.  The  amount  of  specie  in  the 
bank  is  now  a  trifle  over  twelve  millions.  It 
was  nearly  twenty  in  January ;  about  half 
the  difference  has  gone  to  France  and  the  rest 
has  been  divided  between  Russia  and  the  Cri- 
mea. It  is  now  understood  that  an  amount  of 
£100,000  in  gold  goes  to  the  army  every  week. 
£5,200,000  a  year.  It  is  likewise  understood 
that  the  amount  of  funds  owned  by  the  family 
of  the  late  Czar  was  £10,000,000,  in  supposing 
that  no  portion  of  the  150,000,000  francs  sold 
out  of  the  French  rentes  in  1848  and  1849  was 
re-invested  in  British  securities.  These  facts 
make  it  plain  that  unless  peace  is  speedily 
made,  or  some  wonderful  miraculous  change 
takes  place,  the  event  not  obscurely  foretold  by 
the  sagacious  writer  in  the  British  Economist, 
namely,  the  repeal  of  Peel's  act  and  the  sus- 
pension of  specie  payments  by  the  Bank  of 
Englaud,  will  be  inevitable,  if  the  government 
of  Great  Britain  desire  to  avoid  a  national 
bankruptcy. 

To  show  the  effect  of  a  suspension  of  specie 
payments,  we  subjoin  the  following  table,  show- 
ing the  depreciation  of  the  British  currency 
during  the  Napoleonic  wars,  -when  specie  pay 
ments  were  suspended : 

Average  price      Value  of  £100     Depreciation 
of  gold  per  oz.      in  bank  notes.       percent. 

£  s.    d.  £     s.     d.  £    s.   d. 

1800 3  17  10±   100  0  0    Par. 

1801 4  5  0"    91  12  4     8  7  8 

1802 434  93    90  6  110 

1803 436  93    53  6  14    9 

1804 4    0    0  97    6  10  2  13    2 

1805 4    0    0  97     6  10  2  13    2 

1806 4    0    0  97    6  10  2  13    2 

1807 4    0    0  97     6  10  2  13    2 

1808 4    0    0  97     6  10  2  13    2 

1809 4    0    0  97    6  10  2  13    2 

1810 4  10    9  86  10    6  13    9    6 

1811 4    5    6  91     1    7  8  18    5 

1812 4  17  10  79  12    0  20    8    0 

1813 5    2    3  76    3    2  23  16  10 

1814 5    6    4  73    4    9  26  15    3 

1815 4  17    9  79  13    4  20    6    8 

1816 4  11    8  84  19    1  15    0  11 

1817 3  19    8  97  15    0  2    5    0 

1818 3  19    9  97  12  11  2    7     1 

1819 4  11     6  95  11    0  4    9    0 

1820 3  19     1  98    9    5  1  10    7 

1821 3  17  10i       100    0    0  Par. 

One  sovereign  weighs  5  dvvts.  3j  grs.,  which, 
at  par,  or  77s.  10|d.  per  oz.,  is  worth  20s.,  or  a 
bank  note  of  one  pound. 

When  gold  rises  in  England  to  £4  and  £5 
the  ounce,  our  banks  may  cease  to  publish 
weekly  statements,  and  to  talk  about  a  specie 
reserve.  Every  dollar  of  gold  they  have  will 
go,  and  nothing  but  a  suspension  of  specie 
payments  here  will  save  the  commercial  com- 
munity from  a  crisis  as  fatal  as,  though  of  a 
totally  different  character  from,  that  of  1837. 


gpm^wpwpwwi 


>* 


